Defense Example Against an Intimidation Complaint | Non-Prosecution for a Client Charged with Special Intimidation

On the day of the incident, the client was sweeping fallen leaves in the alley in front of his home when the door of a vehicle parked on the shoulder suddenly opened and he nearly collided with it.

Startled, the client momentarily let out a curse, and as the other party responded in kind, an argument broke out.

In this process, when the client gripped the broom he was holding, the other party reported the matter to the police, saying that he had felt threatened.

In the end, the client was subjected to a complaint on a charge of special intimidation, and reflecting on his rash conduct, he sought the assistance of a criminal law specialist attorney who had handled numerous intimidation complaint cases in order to obtain the most lenient treatment possible.

The client recognized that a settlement with the victim was necessary to obtain a reduction, and he requested detailed assistance on this point.

From the early stage of the case, the criminal defense attorney conveyed the client's sincere remorse and apology to the victim and conducted settlement negotiations on several occasions in order to ease the victim's psychological burden and offer at least monetary consolation.

As a result, the following objective materials were obtained from the victim and submitted to the investigative authorities.

It is a clear fault that the client gripped the broom during the cursing and the dispute.

However, the criminal defense attorney closely reviewed the CCTV footage and the statements from that time and specifically established that there was no circumstance in which the client raised the broom or directly threatened the victim with it.

Through this, the attorney emphasized that a mere momentary word and act had been excessively interpreted, and submitted a written opinion that analyzed the seriousness of the conduct in detail, assisting so that the case could be assessed in a direction favorable to the client.

The client was an exemplary citizen who had continued social contribution activities, donating blood as a volunteer about 50 times or more.

To prove this social contribution and diligent way of life, the criminal defense attorney obtained the following materials.

On these grounds, the attorney actively explained the client's personal trustworthiness and the low likelihood of reoffending, strategically assisting so that the investigative authorities would accept the client's sincere remorse and the need for leniency.

Special (aggravated) intimidation is established when one or more of two principal requirements is met and the offender communicates harm to the other party, causing that person to feel fear.

In the client's case, a report was filed alleging that the client carried out intimidation while carrying a dangerous object, and the client became involved in a charge of special (aggravated) intimidation.

The Supreme Court has ruled as follows regarding "the case of carrying out intimidation while carrying a dangerous object."

Supreme Court, Judgment of March 11, 2021, 2020Do14990

Special (aggravated) intimidation is punished under the Criminal Act as follows.

Because this is by no means a minor matter, it is important to respond carefully and systematically from the early stage of the case.

Article 284 of the Criminal Act

In cases involving the crime of special (aggravated) intimidation, if the facts are not clearly established at the early stage, the matter may lead to an actual (custodial) sentence.

In criminal complaint for intimidation cases such as the crime of special (aggravated) intimidation, Daeryun Law Firm organizes the direction of the client's statement, and reviews and supplements the materials to be submitted to the investigative authorities.

In addition, the firm directly handles the substantive negotiation process so that an amicable settlement with the victim can be reached.

If you have become involved in a criminal complaint for intimidation case in a situation such as the above, please request assistance promptly through 🔗a legal consultation reservation.