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Special (aggravated) intimidation
Special (aggravated) intimidationNon-prosecution

Special Intimidation | Client Accused of Special Intimidation Defended to Non-Prosecution Through Criminal Defense Attorney Assistance

The client, who was facing the risk of punishment for special intimidation, requested assistance from a criminal defense attorney.

The criminal defense attorney of Daeryun Law Firm assisted the client and succeeded in obtaining a non-prosecution disposition.

1. The Client Who Was Charged With Special Intimidation

The client, who was charged with special intimidation, came to a criminal defense attorney.

Through a thorough consultation with the client, the criminal defense attorney first grasped the circumstances of the case.

Circumstances of the Case

The client stated that he ordinarily suffered from a mental illness, so his emotional fluctuations were quite severe and he was vulnerable to stress.

On the day of the incident, the client felt that the watch he used was uncomfortable and tried to repair it himself, but the watch was not easily repaired, so he was under stress.

Eventually, the watch was damaged during the repair process, and the client, unable to bear the extreme stress, began to shout and lose his temper.

His startled wife came out of the room and tried to calm the client down, but the client took a knife from the kitchen and brandished it, saying “I will kill myself,” and continued his threatening behavior.

At this, the wife, in her bewilderment, reported the matter to the police, and the client came to be charged with special intimidation.

The Criminal Defense Attorney’s Assistance

The criminal defense attorney carefully reviewed what sentencing guidelines could apply to the client and responded by constructing a tailored strategy suited to the client’s case.

1) Emphasis on the stress and the diminished capacity for judgment caused by the mental illness

The criminal defense attorney secured the opinion of the client’s psychiatric specialist, records of medication treatment, and other materials, emphasizing the fact that the client had been suffering from a mental illness for a considerable period and was accordingly in a state extremely vulnerable to stress.

The attorney also mentioned that, at the time the incident occurred, the client had temporarily stopped taking the medication he had been taking for a long period on his doctor’s recommendation, asserting that this was an accidental incident that occurred while the client was in a state in which he could not make normal judgments.

2) Conveying the wife’s wish not to have the offender punished

The attorney emphasized that the client’s wife had expressed her wish not to have him punished, stating, ‘Although I was startled at the time of the incident, I made the report out of concern that the client might come to some harm,’ and, ‘I am worried about the client and would not want him to be punished.’

Accordingly, the criminal defense attorney submitted an official statement of no wish for punishment and pleaded for leniency for the client.

3) The client’s deep remorse and his will to prevent recurrence

By submitting the client’s written statement of remorse, the attorney emphasized the client’s remorse and his will to prevent recidivism, citing the fact that the client deeply repented of and reflected on his conduct and the fact that he had resumed psychiatric treatment and, by submitting a related plan, demonstrated a strong will to prevent recurrence.

Special Intimidation Charge, Successful Defense to a Non-Prosecution Disposition

Through the criminal defense attorney’s assistance, the investigative agency recognized that this was an accidental incident that occurred in a state of diminished capacity for normal judgment, and that the client had deeply reflected and expressed his will to prevent recurrence.

Accordingly, the investigative agency issued a non-prosecution disposition on the client’s special intimidation charge.

2. The Concept and Level of Punishment of Special Intimidation

The crime of intimidation refers to an offense that infringes upon the freedom to form one’s will by communicating harm capable of causing fear in a person.

Among these, special intimidation applies when a person makes a threat by using a deadly weapon or a dangerous object, or by displaying the collective force of a group or a crowd.

In other words, it refers to conduct that gives the other party a realistic sense of fear through a means capable of actually inflicting harm or through collective force.

Level of Punishment

Criminal Act Article 284 (Special Intimidation)

Imprisonment for up to 7 years or a fine of up to 10 million won

Even where harm to the other party’s family, relatives, or a third party with whom the other party has a close relationship is communicated, the charge may be established if its content is capable of causing fear in the other party.

3. Response Strategy for a Special Intimidation Charge

Special intimidation does not constitute a crime not punishable against the victim’s will, so even if a settlement has been reached with the victim, the investigation and punishment may continue.

*Crime not punishable against the victim’s will: a crime that, where the offense is minor, is not punished if the victim does not wish for punishment

In particular, the possibility that the matter may be judged as serious depending on whether a deadly weapon was used or on the degree of the threat cannot be ruled out.

Therefore, if you have been charged, it is important to closely review the circumstances of the case and the sentencing guidelines and then establish a response strategy suited to the situation.

Sentencing Guidelines

▶ Where the intimidation was committed with willful negligence (dolus eventualis)

▶ Where the degree of the threat was minor

▶ Where there are grounds particularly worthy of consideration regarding participation in the offense

▶ Where the victim also bears substantial responsibility for the occurrence of the offense or the expansion of the harm

▶ Mental and physical weakness

▶ Voluntary surrender or internal whistleblowing

▶ Wish for no punishment or recovery of damages (including deposit in court)

▶ Passive participation

▶ Sincere remorse

▶ No prior criminal punishment

If You Receive the Assistance of a Criminal Defense Attorney

1. Establishing a response strategy for each investigative stage

The criminal defense attorney establishes a response strategy suited to the flow of the case, taking into account the stages from after the complaint is filed through police questioning, whether the case is referred, and the prosecutor’s judgment.

2. Detailed review of whether the charge is established and the possibility of punishment

whether the elements of special intimidation are satisfied, the interpretation of the use of a deadly weapon, and the degree of the threat.

3. Organizing favorable circumstances in accordance with the sentencing guidelines

whether there is remorse, the spontaneity, the possibility of recidivism, and the wish not to have the offender punished and responds in a direction that can obtain leniency.

If you are facing a special intimidation charge, please receive assistance through a 🔗Legal Consultation Reservation so that you can first examine the nature of the case and the direction of the response.

특수협박죄 | 특수협박죄 고소당한 의뢰인 형사변호사 조력으로 불기소 방어

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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