[Busan Law Office Fine Defense] Successful Defense Resulting in a Fine with the Help of the Busan Law Office

The client had been under continuous stress because of the smoking and inter-floor noise problems of the victim living on the floor above.

The client then went to the victim's home and requested to have a conversation with the victim.

When the victim refused to talk, the angry client caused a disturbance, kicking the victim's front door and breaking and damaging the cover of the doorbell, among other acts.

The client intimidated the victim a total of 15 times, making remarks suggesting that he would harm the victim's life or body.

Afterward, the client received contact from the police, and because no suitable solution came to mind, came to the Busan Law Office.

■ Crime of Intimidation

(1) Where a person intimidates another, this constitutes simple intimidation and is punishable by imprisonment for not more than 3 years, a fine not exceeding 5 million won, misdemeanor detention, or a minor fine (Article 283 (1)). The statute of limitations for prosecution is 5 years.

(2) Where a person intimidates his or her own lineal ascendant or that of a spouse, this constitutes intimidation against a lineal ascendant and is punishable by imprisonment for not more than 5 years or by a fine not exceeding 7 million won (Article 283 (2)).

The two crimes above are crimes not punishable against the victim's will (Article 283 (3)).

(3) Where a person commits the crime of intimidation by displaying the power of an organization or a group, or by carrying a dangerous object, this constitutes special intimidation and is punishable by imprisonment for not more than 7 years or by a fine not exceeding 10 million won (Article 284).

(4) In consideration of the special nature of the crime of intimidation, the Criminal Act increases the punishment for a habitual offender by up to one-half of the punishment prescribed for the relevant crime (Article 285).

(5) Attempts at simple intimidation, intimidation against a lineal ascendant, and special intimidation are also punishable (Article 286). In addition, under the "Punishment of Violences Act," a person who habitually commits the crime of intimidation shall be punished by imprisonment for a definite term of not less than 3 years, and where the crime of intimidation is committed at night or jointly by two or more persons, it is worth noting that the punishment is increased by up to one-half of the punishment prescribed in the Criminal Act (Article 2 (1) and (2)).

■ The Busan Law Office emphasized that the client came to protest directly to the victim only because the victim did not observe apartment etiquette, so the client filed a complaint with the management office and later even reported the matter to the police, but the problem was not resolved.

■ The Busan Law Office emphasized that the client had lived as a diligent member of society with no criminal record whatsoever.

■ The Busan Law Office emphasized that the client deeply repented and reflected on his words and conduct and wrote a letter of reflection.

The court imposed a relatively light fine on the client, who had carried out the offenses of intimidation, destruction of property, attempted intrusion upon habitation, and stalking.

The court accepted the argument of the Busan Law Office.

The client, who could have received a custodial sentence because of the poor nature of the offense, received a fine with the help of the Busan Law Office.

If you are at risk of receiving a custodial sentence for having carried out a crime such as intimidation, as in the case above, you may entrust your case to the Busan Law Office at any time.

The Busan Law Office, with its extensive experience and know-how in handling cases, will work together with you.