CONTENTS
- 1. A Client Who Sought Daeryun for a Non-Referral Decision on a Stalking Allegation
- 2. The Criminal Defense Lawyer's Response Strategy That Led to a Non-Referral Decision on a Stalking Allegation
- - Responding to a Stalking Allegation ① | Organizing the Relationship Before the Report and the Circumstances of Mutual Contact
- - Responding to a Stalking Allegation ② | Rebutting the Motive for the Complaint and the Credibility of the Victim's Statement
- - Responding to a Stalking Allegation ③ | Asserting That It Was Difficult to View This as a Repetitive Stalking Crime
- 3. Concluding the Case With a Non-Referral Decision on the Stalking Allegation
- - What Types Can Be Recognized as Stalking Conduct?
- - The Level of Punishment for a Stalking Crime and Additional Measures
- - If You Need the Help of a Criminal Defense Lawyer
1. A Client Who Sought Daeryun for a Non-Referral Decision on a Stalking Allegation
The client who sought a criminal defense lawyer for a non-referral decision on a stalking allegation had maintained meetings for a certain period with Mr. A, whom the client had come to know through work.
In the meantime, the client's spouse came to learn of the relationship between the two and demanded a three-way meeting with Mr. A in order to confirm the facts.
The client contacted Mr. A to arrange a schedule for the meeting, but when Mr. A did not respond, the client, together with the spouse, went to the vicinity of Mr. A's residence.
Mr. A then filed a criminal complaint against the client on suspicion of stalking, asserting that the client had continued to make contact and to visit against Mr. A's will.
At first the client sent a text message to Mr. A intending to confirm whether the complaint was true, but after learning that a complaint had actually been filed, the client made no further contact.
Nevertheless, Mr. A asserted that even this text message constituted stalking conduct, and the client, judging it difficult to respond alone ahead of the police investigation, requested the assistance of a Daeryun criminal defense lawyer.
2. The Criminal Defense Lawyer's Response Strategy That Led to a Non-Referral Decision on a Stalking Allegation
For the non-referral decision on the stalking allegation, the Daeryun criminal defense lawyer first closely examined whether the client's contact and visit could be recognized as a stalking crime.
In this case, the key issue was not the fact of contacting the counterpart itself, but whether that contact amounted to a continuous and repetitive stalking crime against the counterpart's will.
Accordingly, the criminal defense lawyer organized separately the relationship between the two, the calls and meetings up until just before the report, and the circumstances that led to the sending of the text message after receiving a stalking warning notice, and submitted a written opinion of counsel.
Responding to a Stalking Allegation ① | Organizing the Relationship Before the Report and the Circumstances of Mutual Contact
The criminal defense lawyer first reviewed whether the client's contact and visit could be viewed as conduct that unilaterally followed or harassed the counterpart.
Under Article 2, Subparagraph 1 of the Act on Punishment of Crime of Stalking, for stalking conduct to be established, a person must, without a justifiable reason, contact or approach the counterpart and thereby cause anxiety or fear.
In this case, however, there were circumstances in which the client had been in contact with and had met the counterpart up until just before the report.
Accordingly, the criminal defense lawyer organized the call records, the content of the text messages, and the circumstances before and after the meetings, and established that the client's contact had not been unilateral harassment.
Responding to a Stalking Allegation ② | Rebutting the Motive for the Complaint and the Credibility of the Victim's Statement
The criminal defense lawyer closely examined the background against which the counterpart came to claim stalking harm.
First, the lawyer compared the time when the relationship between the two became known and the time when the client's spouse sent a content-certified mail to the counterpart.
As a result, the counterpart was, even before the stalking report, in a situation in which there was a possibility of dispute with the client's side over the matter of civil liability arising from the infidelity.
Accordingly, the criminal defense lawyer asserted in the written opinion of counsel that there was doubt as to whether the counterpart's complaint was actually based on a claim of stalking harm, and that there was a possibility that its purpose had been to create a favorable position in the civil dispute.
Responding to a Stalking Allegation ③ | Asserting That It Was Difficult to View This as a Repetitive Stalking Crime
The criminal defense lawyer chiefly contested whether the text messages and visit at issue had been conduct repetitive enough to be recognized as a stalking crime subject to criminal punishment.
In this regard, the lawyer presented precedent that examined the requirements of continuity and repetitiveness in judging the establishment of a stalking crime.
Ulsan District Court Decision 2023Godan63, August 9, 2023
Based on the purport of the above precedent, the criminal defense lawyer took the view that in this case as well, a stalking crime could not be immediately recognized on the basis of the individual sending of a text message or the fact of a visit alone.
Accordingly, the criminal defense lawyer organized the time the text message was sent, the content of the text message, the circumstances of the visit, and whether there had been any further contact thereafter, and asserted that the evidence to recognize stalking intent and repetitiveness was insufficient.
3. Concluding the Case With a Non-Referral Decision on the Stalking Allegation
As a result of the assistance of the Daeryun criminal defense lawyer for a non-referral decision on the stalking allegation, the police, taking the following circumstances together, issued a non-referral decision on the client's stalking allegation.
- The text message was sent within a short time after the warning notice was received
- The content of the text message was difficult to view as a threat or as coercion to meet
- There was no further contact after the warning notice was confirmed
- The visit to the vicinity of the residence arose in the course of the request for a three-way meeting
- The evidence to recognize a continuous and repetitive stalking crime was insufficient
The client, notified of the non-referral decision, expressed relief, saying, "I was afraid of being punished for a stalking crime, but thanks to the lawyer I was able to receive lenient treatment."
What Types Can Be Recognized as Stalking Conduct?
When judging whether a non-referral decision on a stalking allegation is possible, one must first examine whether the conduct at issue constitutes stalking conduct under the Act on Punishment of Crime of Stalking.
Stalking conduct refers to causing anxiety or fear by, without a justifiable reason, engaging in conduct such as approaching, contacting, waiting for, or monitoring the counterpart or the counterpart's cohabitant or family.
The representative types of stalking conduct provided for by the law are as follows.
- Conduct that approaches or follows the counterpart
- Conduct that waits for or watches around the counterpart's residence, workplace, or school
- Conduct that causes writing, words, images, and the like to reach the counterpart by telephone, text message, SNS, or the like
- Conduct that sends objects and the like directly or through a third party or places them near the residence
- Conduct that damages objects and the like placed near the counterpart's residence
- Conduct that provides, distributes, or posts the counterpart's personal information or location information to a third party
- Conduct that impersonates the counterpart by using the counterpart's name, photograph, image, identity information, and the like
The Level of Punishment for a Stalking Crime and Additional Measures
If a stalking crime is recognized, it becomes subject to criminal punishment under Article 18 of the Act on Punishment of Crime of Stalking.
An ordinary stalking crime may be punishable by imprisonment for not more than three years or a fine not exceeding 30 million won, and where a deadly weapon or dangerous object is carried or used, imprisonment for not more than five years or a fine not exceeding 50 million won applies.
Category | Content |
|---|---|
Ordinary stalking crime | Imprisonment for not more than three years or a fine not exceeding 30 million won |
Carrying or using a dangerous object | Imprisonment for not more than five years or a fine not exceeding 50 million won |
Attendance order and completion order | May be imposed concurrently within a range of 200 hours upon a guilty verdict or a summary order |
Probation and community service | May be imposed together upon a suspended sentence |
Violation of an emergency measure | Imprisonment for not more than one year or a fine not exceeding 10 million won |
If You Need the Help of a Criminal Defense Lawyer
A stalking allegation is not decided on the basis of the number of contacts or the fact of a visit alone.
Depending on how one explains the reason for sending the text message, the relationship with the counterpart, the conduct before and after receiving the warning notice, and whether there was continuity and repetitiveness, the possibility of a non-referral decision on the stalking allegation may differ.
Daeryun, the ninth-largest law firm in Korea (based on 2025 value-added tax filings with the National Tax Service), quickly grasps the scale and type of a case and then assigns a criminal defense lawyer suited to the matter to respond from the police investigation stage.
Category | Content of Assistance |
|---|---|
Organizing the facts | Organizing in chronological order the relationship with the counterpart, the circumstances of the contact, the reason for the visit to the residence, and the conduct before and after receiving the warning notice |
Establishing the direction of the statement | Distinguishing the parts of the counterpart's assertions that are exaggerated or differ from the facts, and organizing the key issues to be explained in the investigation |
Analyzing the evidentiary materials | Reviewing text messages, call records, audio recordings, location data, CCTV, and the like to secure materials for contesting whether there was stalking intent and repetitiveness |
Preparing for the investigation | Checking the anticipated questions before the police investigation and supplementing in advance any answers that could be misunderstood unfavorably |
Accompanying the investigation | The criminal defense lawyer accompanies the police investigation and provides assistance so that the issues do not stray during the statement |
Submitting a written opinion | Submitting a written opinion of counsel organizing the justifiable reason for the contact, the circumstances of confirming the warning notice, and the lack of continuity and repetitiveness |
Where necessary, we collaborate with the Evidence Investigation Center and the Digital Forensics Center to analyze digital materials such as text messages, call records, and audio recordings, and we also review the risk of the matter spreading into civil or family matters.
If you are facing a police investigation on suspicion of stalking or need to respond, we invite you to receive the assistance of a criminal defense lawyer suited to your current situation through a 🔗legal consultation.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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