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Please tell me about the elements of the crime of criminal threat and the level of punishment.
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Hello, I think I have been threatened, so I am planning to file a report. Because I do not know the exact elements... I plan to look into the elements and, if it seems to fit, file a report. I am curious about the elements of the crime of criminal threat and, if the suspect is punished, what the level of punishment would be. I would appreciate an answer from an attorney who focuses on criminal cases. Thank you!~
criminal threat
Answer to Related Inquiry
Author: 박동일
For the crime of criminal threat to be established, there are several important requirements.
First, as a conduct requirement, there must be an act of notifying the other party of a harm.
Intent is also required, which means whether the actor intentionally acted so that the victim would actually feel fear.
The victim must actually feel threatened and anxious, and the content of the threat may include any harm, such as to life, body, freedom, reputation, property, chastity, credit, or business.
For the crime of criminal threat to be established, the harm does not necessarily have to be notified only to the victim themselves; even if the harm was notified with respect to the victim's family or relatives, or a third party in a close relationship, the crime of criminal threat may be recognized if the victim actually felt fear.
In fact, Supreme Court precedent ([2010Do1017, rendered on July 15, 2010]) also states that in the crime of criminal threat, 'threat' means notifying a person of a harm to a degree that arouses fear, and that a notification of harm not only to the victim themselves but also to a third party constitutes the crime of criminal threat if it can arouse fear in the victim.
Finally, as for the level of punishment, under Article 283 of the Criminal Act, ordinary criminal threat may be punishable by imprisonment of up to three years, a fine of up to 5 million won, detention, or a minor fine.
For details, please confirm through a consultation with an attorney who focuses on criminal cases.
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