Anyang Attorney Recommendation Case | Suspension of Indictment Obtained for Client Charged With Special Intimidation and Assault

For what reason did the client look for an Anyang attorney recommendation?

The client was a university student who had just turned 20 and was living happily day by day, having recently begun a first relationship.

Then one day, the client received a sudden notice of breakup from his girlfriend.

Unable to accept this, the client kept trying to hold on to his girlfriend, but she firmly declared the end of the relationship.

Not wanting to lose his girlfriend, the client drew a knife and threatened the victim, saying, 'If we are going to break up, I will kill you and then kill myself. Let us die together,' as though he would stab her, threatening her.

When the victim approached to calm the client down, he threatened her not to come closer and ended up striking her leg.

He was then indicted on charges of special intimidation and assault, and in order to obtain legal assistance, he came to Daeryun through an Anyang attorney recommendation.

Statutes Related to the Crime of Special Intimidation

Article 283 of the Criminal Act
A person who intimidates another commits the crime of simple (單純) intimidation and shall be punished by imprisonment for not more than three years, a fine not exceeding 5 million won, detention, or a minor fine.

Article 284 of the Criminal Act
A person who, by displaying the collective power of a group or multitude (多衆) or by carrying a dangerous object, commits the crime of intimidation commits the crime of special intimidation and shall be punished by imprisonment for not more than seven years or a fine not exceeding 10 million won.

Article 285 of the Criminal Act
In consideration of the special nature of the crime of intimidation, the Criminal Act aggravates the punishment for a habitual offender by up to one half of the punishment prescribed for the crime.

Statutes Related to Assault

Article 260 of the Criminal Act
①A person who commits assault against the body of another shall be punished by imprisonment for not more than two years, a fine not exceeding 5 million won, detention, or a minor fine.

The Daeryun Anyang attorney emphasized that the client deeply showed remorse for his conduct and blamed himself for having caused the victim mental shock and minor physical harm.

The Daeryun Anyang attorney argued that, while it was true that the client had caused the victim mental shock by threatening her with a knife, there was something unfair about the assault charge.

This was because the assault alleged by the victim amounted only to incidental contact that occurred as the client pushed her away, telling her not to come closer, when she approached him.

The Daeryun Anyang attorney emphasized this sequence of events and argued that the assault charge was unfair.

The Anyang attorney emphasized that a settlement had been reached with the victim through criminal mediation proceedings.

The Daeryun Anyang attorney argued that the client had made efforts to console the victim for the harm suffered, and that the victim did not wish for the client to be punished.

The case above is one in which a client indicted on charges of special intimidation and assault was able to obtain dispositions such as a suspension of indictment through the assistance of Daeryun Law Firm.

Special intimidation is an offense in which the object, means, or purpose of the threat is special and serious, so the likelihood of criminal punishment is high.

Daeryun Law Firm provides legal help tailored to each client's situation through the collection of evidence and witness statements.

If you need the help of an attorney in a situation like the above, please reach out to a Daeryun Law Firm Anyang attorney.

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