CONTENTS
- 1. A Client Implicated in a Stalking Case
- 2. Three Strategies for Assistance in the Stalking Case
- - Sincere Remorse and Explanation of the Misunderstanding
- - Willingness to Recover the Harm Through a Criminal Deposit
- - Appeal Regarding the Practical Hardship of the Family and Employees
- - Stalking Cases: When Are They Established, and What Punishment Applies?
- 3. Result of the Assistance in the Stalking Case: a “Suspended Sentence”
- - Have You Been Implicated in a Stalking Case?
1. A Client Implicated in a Stalking Case
The client implicated in the stalking case received a warning of a “contact prohibition” from the police following a 112 report by the victim, with whom the client had been in a relationship for about a year.
Even afterward, however, the client engaged in conduct such as visiting the victim's workplace to receive treatment and waiting until the victim's quitting time, loitering around the victim's workplace and residence and sending messages on a total of four occasions.
During this process, an emergency measure was issued that included a prohibition on approaching within 100m and a prohibition on contact through telecommunications, and that measure had taken formal effect after receiving subsequent court approval.
Nevertheless, the defendant, while clearly aware of the content of these measures, repeated conduct such as sending the victim messages once again, and this became a key matter that could be assessed as a continuous and repeated stalking case against the victim's will.
The police judged this to be a serious offense and referred the case to prosecution. The client had to anticipate even the possibility of an actual custodial sentence, and the situation called for an urgent response.
2. Three Strategies for Assistance in the Stalking Case
In a situation where even an actual custodial sentence was feared in the stalking case, the client, through the assistance of a criminal law specialist attorney, was able to have a positive influence on the sentencing assessment by thoroughly submitting materials on remorse, recovery for the harm, and the practical hardship involved.
Sincere Remorse and Explanation of the Misunderstanding
The client acknowledged having misunderstood that, given the friendly relationship maintained during a period of dating the victim in the past, the refusal of contact after the breakup might be a temporary feeling.
Because there were expressions that could be received as contradictory depending on the circumstances, the client explained that this arose from an error in misinterpreting the victim's true intentions.
Ultimately, the client deeply regrets that the conduct was assessed as a stalking case and is demonstrating a sincere attitude to ensure that the same situation is not repeated.
Willingness to Recover the Harm Through a Criminal Deposit
Even in a situation where the victim refused to provide contact information, the client prepared a criminal deposit of approximately 10 million won in order to recover the harm.
As a means of substantively demonstrating the willingness to recover the harm in a situation where a direct settlement was difficult, this was received by the court as a sincere attitude.
Appeal Regarding the Practical Hardship of the Family and Employees
The client was the head of household responsible for the family's livelihood and the representative of a business with dozens of employees, and in the event of long-term detention, both the family's livelihood and the operation of the business could be placed in jeopardy.
The criminal law specialist attorney organized and submitted these practical harms in concrete terms, and the point that the harm to others caused by the defendant's absence would be severe served as an important sentencing factor that led to leniency in the stalking case.
Stalking Cases: When Are They Established, and What Punishment Applies?
Representative Conduct Assessed as a Stalking Case
Even if it is a mere expression of emotion or a sign of interest, a stalking case may be legally regarded as a crime if it continues or is repeated despite the victim's explicit refusal.
The following conduct constitutes acts prohibited under the Act on Punishment of Crime of Stalking.
∙ Following the other person's movements or blocking their path
∙ Lingering for an extended time near the victim's residence, workplace, or school, or conducting surveillance
∙ Repeated non-face-to-face contact by telephone, text message, social media, and the like
∙ Continuously delivering gifts or other items, or leaving them around the victim's home
∙ Disseminating the victim's personal information, damaging property, impersonation, and threatening conduct
As this shows, where repetition and an element of inducing anxiety are recognized, even minor contact may be assessed as a stalking case.
Level of Legal Punishment Related to Stalking Cases
The 「Act on Punishment of Crime of Stalking」 prescribes the following criminal punishment for the perpetrator of a stalking case.
Basic Punishment
Aggravated Punishment |
3. Result of the Assistance in the Stalking Case: a “Suspended Sentence”
The client, who faced serious criminal charges of a stalking case and violation of an emergency measure, comprehensively submitted sincere remorse, a confession, a criminal deposit, and a family petition, together with the strategic assistance of a criminal law specialist attorney, and thereby guided the court's decision.
As a result, the client was able to escape the risk of an actual custodial term of imprisonment and obtain a suspended sentence, and is now preparing for a fresh start, having returned to everyday life with family and employees.
Have You Been Implicated in a Stalking Case?
A stalking case can lead very quickly to serious criminal punishment, depending on the victim's report and the police's assessment.
If contact arising from an unintended misunderstanding or emotion has escalated into a stalking case, a strategic response is essential from the early stage of the case, including an accurate organization of the facts, preparation of sentencing materials, and cooperation with the investigation.
Daeryun Law Firm holds numerous defense cases in stalking matters and has extensive experience in obtaining suspended sentences and non-referral decisions.
If you have been implicated in a stalking case unfairly, please retain us with your case at any time through 🔗Legal Consultation Reservation.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
