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Deals & Cases

Retaliatory threat

Intimidation Complaint Representation Case | Decision to Refer the Retaliatory Intimidation Suspect to the Prosecutors' Office

The client, who requested a threat complaint, repeatedly suffered retaliatory threats from the other party, and requested legal assistance from a criminal attorney regarding the overall complaint procedure.

CONTENTS
  • 1. The Client Who Filed the Intimidation Complaint
    • - How the Client Came to File a Criminal Complaint for Retaliatory Intimidation
  • 2. Statutes Relating to Intimidation Complaints and Retaliatory Intimidation
    • - Response Strategy
  • 3. What Was the Strategy for Responding to the Intimidation Complaint?
    • - A Strategy Based on Supreme Court Precedents
  • 4. Result of the Intimidation Complaint Assistance: “Referral to the Prosecutors' Office”
    • - Considering Filing a Criminal Complaint?

1. The Client Who Filed the Intimidation Complaint

Guidance on assistance with an intimidation complaint, case example

The client who proceeded with an intimidation complaint is a case in which a referral to the prosecution was obtained through the close and systematic legal response of Daeryun's criminal attorney.

How the Client Came to File a Criminal Complaint for Retaliatory Intimidation

After learning that his girlfriend had suffered quasi-indecent act by compulsion, the client filed a retaliation🔗criminal complaint for intimidation against the perpetrator, A.

However, even after the complaint was filed, the matter was not easily brought to a close.

Without admitting at all to the offense he had committed, A instead began to repeatedly send threatening text messages to the client.

The contents of the messages included not only the threat that he would “reveal to acquaintances the fact that the client's girlfriend had been subjected to an indecent act by compulsion” but also malicious content to the effect that he would ruin the client's life.

The client felt great anxiety at A's retaliatory threats and was tormented by extreme fear that both he and his girlfriend could be subjected to threats to their personal safety.

As concerns about the possible worsening of the matter and about secondary harm grew, the client concluded that he should no longer respond alone and entrusted the handling of the complaint to Daeryun's criminal defense attorney.

2. Statutes Relating to Intimidation Complaints and Retaliatory Intimidation

Retaliatory intimidation refers to the act of giving notice of harm to another party, on the grounds of a prior conflict or incident, thereby causing fear and threatening them.

Violation of the Act on Aggravated Punishment of Specific Crimes, Article 5-9

A person who commits an offense under Article 283 of the Criminal Act by the following methods shall be punished by imprisonment for a definite term of at least 1 year.

Where the purpose is retaliation in connection with the investigation or trial of a criminal case of oneself or another, regarding the provision of an investigative lead such as a complaint or accusation, a statement, testimony, or the submission of material

Where the purpose is to prevent the provision of an investigative lead such as a complaint or accusation, a statement, testimony, or the submission of material, or to cause the withdrawal of a complaint or accusation, or to cause a false statement, testimony, or submission of material

Criminal Act, Article 283

Intimidation, intimidation against a lineal ascendant

A person who intimidates another is subject to imprisonment for not more than 3 years, a fine not exceeding 5 million won, detention, or a minor fine

Response Strategy

The criminal defense attorney thoroughly collected text records, screenshots, and the like that could prove the content and the number of repetitions of the threatening messages, and secured them as evidence.

Emphasizing that the perpetrator's continued threats were retaliation for the report of the harm, counsel then carefully drafted the criminal complaint so that it would meet the elements of the crime of retaliatory intimidation.

In addition, by specifically substantiating the degree of anxiety and fear that the client and his girlfriend actually felt, counsel requested that the investigative agency conduct a prompt investigation and impose strict punishment on the perpetrator.

3. What Was the Strategy for Responding to the Intimidation Complaint?

Establishing a criminal attorney's response strategy for a complaint of retaliatory threat

The criminal attorney fully empathized with the extreme anxiety and sense of threat experienced by the client, who had filed a complaint of retaliatory threat, maintained communication from the early stages of the case, and established a strategy while precisely ascertaining the circumstances of the case in real time.

In particular, in a situation where the client was concerned about secondary harm, the attorney also provided professional psychological support in cooperation with the firm’s in-house psychological counseling center so that the client could alleviate the mental shock they were experiencing.

The attorney then precisely organized the text messages and conversation records containing the threats, aiming for referral to the prosecution, and analyzed similar precedents and legal principles to argue the complainant’s position persuasively.

A Strategy Based on Supreme Court Precedents

The criminal attorney emphasized, on the basis of Supreme Court precedent, the position that the target of a threat need not necessarily be the victim himself, and that even a statement of intent to harm a person close to the victim may be recognized as the offense of intimidation if it instills fear.

Accordingly, the attorney proved that A's statement of intent to harm the client and his girlfriend had in fact instilled strong fear in the client, and used this as a basis for establishing the offense of intimidation.

▷ Supreme Court Decision of July 15, 2010, 2010Do1017

If the victim and a third party are in such a close relationship that the content of the harm is of a degree sufficient to instill fear in the victim as well, the offense of intimidation may be established.

4. Result of the Intimidation Complaint Assistance: “Referral to the Prosecutors' Office”

criminal attorney the need for assistance with an intimidation complaint

Thanks to the criminal attorney’s systematic assistance, the police decided to refer the client’s intimidation complaint case to the prosecution.

The client then conveyed deep gratitude to the Daeryun criminal attorney, stating that the client was now able to escape from the continued threats.

Considering Filing a Criminal Complaint?

The case above is one in which a client who suffered retaliatory intimidation, in the course of filing a criminal complaint, received the systematic assistance of a criminal law specialist attorney, and a decision to refer the case to the prosecution was made at the police stage.

In criminal cases, the initial response is very important.

In particular, in retaliatory intimidation cases, establishing an accurate legal assessment and response strategy at the early stage of the case has a significant impact on the subsequent procedure and outcome.

Daeryun Law Firm focuses on relieving clients' anxiety and resolving cases effectively based on strategies tailored to each case and extensive practical experience.

In addition, it operates its own psychological counseling center to help clients ease the psychological burden caused by the case and respond to legal matters in a stable state.

If you are preparing to file a complaint after suffering retaliatory intimidation, we recommend that you consult with a criminal attorney early on to establish a systematic response strategy.

협박고소

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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