Criminal Complaint for Intimidation | Criminal Law Attorney Defended Against an Actual Sentence Despite Retaliatory Threat and False Accusation Allegations

The criminal law attorney structured the following strategy centered on "mitigating circumstances."

① Detailed explanation that the manner of the offense was minor

There was only a single message, it was not a repeated or premeditated threat, and there was no exercise of physical force or any additional threat.

Accordingly, the attorney emphasized that the offense in this case was a one-time remark that occurred impulsively.

② Structural explanation that the offense was accidental

The client was experiencing the urgent situation of an attempted sexual molestation, the counterattack of an assault complaint, and the resulting psychological shock during that period.

Therefore, the attorney submitted materials demonstrating that the message was not a calculated retaliatory intent but a typical accidental offense arising amid momentary anger.

③ Active presentation of the victim's contribution to fault

The origin of the incident was the man's attempt at forcible physical contact, and this was a situation in which the client could not help but feel extreme shame and fear.

In other words, the attorney argued that the responsibility for triggering the dispute lay substantially with the other party, which is an important factor in the sentencing determination.

④ Clarification of the absence of any criminal record and of social ties

The client maintained a normal working life, had no criminal record, and held stable social relationships with family and acquaintances.

On this basis, the attorney requested that leniency be granted to the client.

⑤ Emphasis on the circumstances of child-rearing: excessive hardship in the event of detention

The client was solely raising a minor child, and the attorney organized and submitted detailed materials showing that, if an actual sentence were imposed, serious harm would arise to the child's livelihood, upbringing, and education.

⑥ Sincere remorse and efforts to ease the sense of harm

The attorney submitted a letter of remorse, a plan to prevent reoffending, psychological counseling records, and letters of appeal to persuasively present the change in the client's attitude and her sincere remorse.

⑦ Comprehensive explanation extending to health condition and living environment

The medical materials showing that the client had been receiving mental health treatment due to continuous stress and symptoms of anxiety operated favorably in the assessment of the background of the offense and the likelihood of future reoffending.

The crime of intimidation is not merely an unpleasant remark or an expression of anger; there must be a communication of harm to a degree sufficient to induce realistic and concrete fear in the other party.

In other words, it is established only when there is an intent and content amounting to a threat that could make the other party afraid.

• Communication of harm (a remark or conduct to the effect of "I will inflict harm")
• The possibility of inducing fear in the other party
• There must be intent (an intent to threaten)
• There is no need to actually inflict harm

The crime of retaliatory threat is punished far more severely than the ordinary crime of intimidation, and its requirements for establishment are also strict.

• It must be related to a complaint, statement, testimony, or the like
• There must be a purpose of retaliation against the other party
• It must take the form of a crime prescribed by law, such as threat, bodily injury, or assault
• As a crime of specific purpose, proof of the intent and purpose is the key element

The levels of punishment relating to the crime of intimidation are as follows.

The crime of false accusation is not established merely by the submission of a complaint; rather, all of the following elements must be satisfied.

• A false fact must have been reported
• There must be a purpose of having the other party subjected to a criminal or disciplinary disposition
• There must be an awareness that it is false

Pursuant to Article 156 of the Criminal Act, a person who reports a false fact with the purpose of having another subjected to a criminal or disciplinary disposition shall be subject to imprisonment of up to ten years or a fine of up to 15 million won.

In criminal complaint for intimidation cases, Daeryun Law Firm provides the following one-stop response service.

1. Legal analysis of cases involving multiple allegations such as threat, retaliatory threat, and false accusation
2. Structuring of evidence such as KakaoTalk messages, call records, and circumstantial evidence
3. Preparation of questions and answers for police and prosecution questioning, and accompaniment
4. Strategy for submitting the defense counsel's written opinion, letter of remorse, and letters of appeal
5. Sentencing strategy and analysis of the possibility of a suspended sentence
6. Risk management, including measures prohibiting contact with the victim
7. Comprehensive design extending, where necessary, to a counter-complaint strategy for false accusation

Because a criminal complaint for intimidation case is one in which a single emotional message can expand into a serious crime, the initial response is more important than anything else.

There are cases in which clients in situations similar to that of this client avoided the risk of an actual sentence and obtained a suspended sentence, so if you are facing related allegations, 🔗legal consultation reservation is available for you to proceed with.