CONTENTS
- 1. Stalking Act | Overview of the Case
- - The Issues in the Stalking Act Case
- 2. Stalking Act | Content of the Assistance
- - Detailed Review of Whether the Constituent Elements of the Stalking Act Were Met
- - Submission of an Opinion on the Absence of Intent and Willful Negligence
- - Comprehensive Demonstration of the Likelihood of Reoffending and Sentencing Factors
- 3. Stalking Act | Result of the Assistance
- - Accused of Violating the Stalking Act?
- - The Stalking Act: An Early Response Strategy Is Key
1. Stalking Act | Overview of the Case
The client, who became the subject of an investigation on a charge of violating the Stalking Act, sought our help in order to request assistance because continued contact with a colleague who worked at the same company had become an issue.
The client, who had a senior-junior relationship at work with the other party and frequently communicated with that person on work matters, came to develop a personal liking and, on that basis, met privately on several occasions.
Afterward, however, the other party clearly conveyed an intention to end the relationship and, in that process, also clearly requested that the client refrain from making contact.
Nevertheless, the client, believing that the relationship with the other party had not been completely severed, continued to make contact through messages asking after the other party's well-being, the company messenger, and the like, and this was ultimately perceived as a circumstance of repeated contact that disregarded the other party's expressed refusal.
Accordingly, the other party filed a criminal complaint on a charge of violating the Stalking Act, stating, "Despite having clearly expressed an intention not to want contact, I received repeated contact."
With the complaint filed, the client felt anxious about the possibility of the application of the Stalking Act and the risk of criminal punishment, and engaged us at a point when a response strategy was needed.
The Issues in the Stalking Act Case
The key issues in this case were
① whether the contact in question constituted "continuous and repeated conduct" under the Stalking Act,
② whether the content of the contact induced anxiety or fear in the other party, and
③ whether intent or willful negligence on the part of the client was recognized.
2. Stalking Act | Content of the Assistance
In order to contest whether there was a violation of the Stalking Act, the attorney specializing in criminal matters provided systematic assistance centered on the legal issues and the facts of the case.
Detailed Review of Whether the Constituent Elements of the Stalking Act Were Met
The attorney specializing in criminal matters closely reviewed the content, frequency, and timing of the contact, and set as the key issue the question of whether the messages and calls in question constituted continuous and repeated conduct that induces anxiety or fear.
Emphasizing that these were simply greetings asking after the other party's well-being or conversations of a work-related nature, the attorney argued that the conduct requirement under the Stalking Act was not satisfied.
Submission of an Opinion on the Absence of Intent and Willful Negligence
The attorney specializing in criminal matters described in detail in the defense counsel's opinion that not even willful negligence was established, on the grounds that the client immediately ceased contact and deleted the contact information after clearly recognizing the refusal, and that there was no contact of any kind thereafter.
Comprehensive Demonstration of the Likelihood of Reoffending and Sentencing Factors
The defense organized in specific terms and submitted to the investigative agency the facts that the client was a first-time offender, was the head of a household supporting a young child, and was scheduled for an overseas assignment, so that the possibility of physical re-contact was markedly low.
In addition, reflecting the client's intention to apologize to the victim and a sincere attitude of not wishing to escalate the matter, the defense emphasized that criminal punishment was unnecessary.
3. Stalking Act | Result of the Assistance
In this case, in which the client had become the subject of an investigation on a charge of violating the Stalking Act, a non-prosecution decision of "no suspicion of crime" was rendered, and the case was ultimately concluded.
Accused of Violating the Stalking Act?
A charge of violating the Stalking Act is judged not simply on whether contact occurred, but on a combination of factors, such as the context and content of the contact and whether the person recognized the other party's refusal.
In particular, because it is not a crime not punishable against the victim's will, the investigation may proceed even if the victim does not wish for punishment, so the importance of an early response is very great.
The attorneys specializing in criminal matters at Daeryun Law Firm provide assistance through a strategy tailored to the criteria applied by investigative agencies, including a detailed legal review of whether the constituent elements are met, a demonstration of the absence of intent and willful negligence, and the organization of grounds showing that the likelihood of reoffending is foreclosed.
If you are facing an investigation on a charge of violating the Stalking Act, an early response can change the outcome.
If you need the assistance of an expert, we encourage you to seek help at any time through the 🔗legal consultation booking with Daeryun Law Firm.
The Stalking Act: An Early Response Strategy Is Key
Under the Stalking Act, a charge may be recognized based on simple contact or approach alone, so establishing an accurate response strategy is more important than anything.
This is because a casually sent text message, a messenger record, or one's route home from work may give rise to a misunderstanding, and the other party's statement and feelings can have a significant influence on the early judgment in the investigation.
The following response measures play a very important role in actual cases.
Category | Response Point |
|---|---|
1. Organizing Contact | Organize text messages, messenger records, and call logs in chronological order, separating purpose from content. |
2. Organizing the History of the Relationship | Organize the prior interaction and conversation history with the other party, in preparation for the assessment of repetition and intent. |
3. The Point of Recognizing the Refusal | Organize the point at which the other party's refusal was first recognized and the measures taken thereafter. |
4. Reviewing Intent | Organize the matter so that it can be legally interpreted whether there was an intention to cause the other party anxiety. |
5. Preparing for Statements | Rather than offering unreasonable explanations before the interrogation, organize the direction of the statement together with an expert to prevent confusion. |
Organizing the above items in advance can reduce unnecessary misunderstanding during the investigative agency's interrogation and strengthen the defense reasoning in the assessment of intent and repetition.
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.
