Criminal Intimidation: Penalties and Elements of the Offense

What is criminal intimidation?

Saying something threatening just to scare the other person a little can amount to a crime. In criminal intimidation, a threat generally means communicating harm of a kind serious enough to instill fear in a person. Because criminal intimidation can be established even if you had no intention of actually harming the other person, caution is needed.

So in what situations is criminal intimidation made out?

Elements of criminal intimidation

Criminal intimidation refers to communicating harm with the aim of instilling fear in the other person. Judged objectively, if it would generally cause a person to feel fear, the offense is established. Harm means making a statement relating to the other person's life, liberty, reputation, body, property, and the like, and whether expressly, verbally, or even silently, if there was some form of conduct, criminal intimidation can be established through that communication.

Penalty for criminal intimidation

As for the penalty for criminal intimidation, Article 283 of the Korean Criminal Act provides that a person who intimidates another shall be punished by imprisonment for not more than three years, a criminal fine not exceeding KRW 5 million, detention, or a minor fine.

You may also think that criminal intimidation and coercion (강요죄) are similar crimes. According to Article 324 of the Korean Criminal Act, a person who, by violence or intimidation, obstructs another from exercising a right or compels another to do something without obligation shall be punished by imprisonment for not more than five years or a criminal fine not exceeding KRW 30 million. However, coercion is quite different from criminal intimidation: coercion involves forcing someone to do something they are not obligated to do or obstructing the exercise of a right, whereas criminal intimidation involves communicating harm and threatening the other person.

Why you need to consult an attorney for criminal intimidation

If you are at risk of being punished for making a threat, or you are facing a criminal intimidation allegation such as being investigated by the police, you should seek prompt legal advice from a relevant attorney. It is important to first apologize to the victim and work toward reaching a settlement with the victim. Obtaining the victim's expression that they do not wish to see you punished through a settlement can result in the case ending with a non-indictment disposition, or help you receive a criminal fine or a suspended sentence (probation).

Otherwise, you should consult a relevant attorney to mount an appropriate response so that the trial can proceed in your favor.

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