What Is Criminal Intimidation
Along with defamation and criminal insult, criminal intimidation is one of the legal topics people most frequently ask about. Criminal intimidation refers to a crime that infringes on a person's freedom to form their own will by communicating a harm capable of instilling fear.
Types of Criminal Intimidation
The types of criminal intimidation include simple intimidation, aggravated intimidation, and intimidation of a lineal ascendant. The common, ordinary form of intimidation, in which someone is told that harm will be inflicted upon another person, falls under simple intimidation. If a dangerous object such as a weapon is used, or if several people carry out the intimidation, it amounts to aggravated intimidation. Intimidation of a lineal ascendant refers to intimidating one's direct ascendant.
Punishment for Criminal Intimidation
Under Article 283 of the Korean Criminal Act (Intimidation, Intimidation of Lineal Ascendant), it is provided that a person who intimidates another shall be punished by imprisonment for up to 3 years, a criminal fine of up to KRW 5 million, detention, or a minor fine. In addition, under Article 284 of the Korean Criminal Act, aggravated intimidation, where the offense set out in paragraphs 1 and 2 of the preceding Article is committed by displaying the force of a group or multitude or while carrying a dangerous object, is punishable by imprisonment for up to 7 years or a criminal fine of up to KRW 10 million. Intimidation of a lineal ascendant is punishable by imprisonment for up to 5 years or a criminal fine of up to KRW 7 million.
The penalties for criminal intimidation are heavy, and if the charge is established the matter can proceed all the way to criminal sanction, so it is important to seek legal advice from a criminal defense attorney early on.
Elements of Criminal Intimidation
Criminal intimidation is recognized as an offense when the statement made carries a real possibility of being carried out; a mutual quarrel between two parties does not qualify. For example, if someone merely says they will put a curse on another person, this is not recognized as criminal intimidation because no harm is actually inflicted on the other person. Because criminal intimidation is established only when the other party feels fear, cases such as a dispute between both sides are not recognized as intimidation. For this reason, it is important to carefully assess, on this very point, whether criminal intimidation is established. And if you are facing a charge of criminal intimidation, it is advisable to pursue a prompt settlement with the victim.
Criminal intimidation is an offense not prosecutable against the victim's will (반의사불벌죄), meaning that if the victim expresses that they do not wish the offender to be punished, the investigation will not proceed; this makes a settlement a crucial factor. For this reason, it is important to receive the assistance and support of a criminal defense attorney.
