Case Resulting in a “No Suspicion” Determination Due to Insufficient Proof of the Elements of the Offense of Special Intimidation

MEGA X organized the case as follows.

① Clear Specification of the Facts

By analyzing the purpose of the criminal complaint and the statements provided, we pointed out that it had not been specifically established “when, how, and in what manner the knife was raised and used to threaten” the alleged victim.

② Strict Interpretation of the “Carrying” Requirement

We emphasized that the mere circumstance that an object was present at the scene must be distinguished from the intentional act of carrying and using it for the purpose of intimidation.

③ Organization of the Victims’ Statements

We clearly organized the fact that, during the investigation, the victims themselves also stated that the suspect had not raised a knife to threaten them. This was a key factor demonstrating the lack of direct evidence sufficient to establish intent to intimidate.

④ Rebuttal from an Evidentiary Perspective

Based on the premise that criminal liability must be proven beyond a reasonable doubt, we systematically set forth in the written opinion that there was insufficient evidence necessary to specifically establish the intimidating act and prove intent.