[Stalking Attorney Defense Case] A Daeryun Stalking Attorney Defends a Client Accused of More Than 500 Instances of Cyberstalking, Achieving a Non-Prosecution

The client who received an indictment on stalking allegations and the complainant were a teacher and student working in the same laboratory.

The client had worked as an intern in the complainant's laboratory for one year.

During the internship period, the client repeatedly received verbal abuse from the complainant on the ground that he was bad at his work.

Due to the stress caused by the verbal abuse, the client eventually quit the laboratory internship.

Afterward, the client requested an apology from the complainant by email, but the complainant did not reply.

The client continuously sent messages with content that could cause anxiety to the complainant's email, messenger, text messages, and the like.

This was conduct amounting to stalking.

As confirmed by the stalking attorney, the client repeatedly engaged in conduct amounting to cyberstalking toward the complainant through three methods in total: email, messenger, and text messages.

■ What Is a Stalking Crime?

A stalking crime refers to engaging, against the other party's will and without justifiable reason, in any one of the following acts so as to cause the other party anxiety or fear.

- Approaching, following, or blocking the path of the other party, the other party's cohabitant, or family member

- Waiting near or watching at the residence, workplace, school, or other place where the other party and the like ordinarily reside, or in the vicinity thereof

- Causing goods, writings, words, signs, sounds, pictures, images, or video to reach the other party and the like by mail, telephone, fax, or the information and communications network under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, or causing writings, words, signs, sounds, pictures, images, or video to appear to the other party and the like through a program using the information and communications network or through the functions of a telephone

- Causing goods and the like to reach the other party and the like, directly or through a third party, or placing goods and the like at or near the residence and the like

- Damaging goods and the like placed at or near the residence and the like of the other party and the like

- Using information about the name, designation, photograph, video, or identity of the other party and the like through the information and communications network to impersonate the other party and the like

■ The Level of Punishment for a Stalking Crime

(1) A person who commits a stalking crime shall be punished by imprisonment for not more than 3 years or a fine not exceeding 30 million won.

(2) A person who commits a stalking crime while carrying or using a deadly weapon or other dangerous object shall be punished by imprisonment for not more than 5 years or a fine not exceeding 50 million won

The stalking attorney argued that the client had no prior stalking-related record.

Through the defense, the stalking attorney emphasized that the client had not intended to engage in stalking conduct deliberately.

This was because the stalking allegations had begun from a desire to receive an apology for the verbal abuse suffered from the complainant.

The stalking attorney emphasized that the client acknowledged his fault and felt regret and remorse regarding the stalking allegations.

The stalking attorney emphasized that the complainant also acknowledged his own fault regarding the verbal abuse and did not want the client to be punished for the stalking allegations.

Stalking crimes, which until then had resulted only in minor punishment, now carry strengthened punishment of imprisonment for not more than 3 years or a fine not exceeding 30 million won, following the enforcement of the Act on Punishment of Crime of Stalking.

In addition, the court may impose on a person who has committed a stalking crime one or more of the following dispositions necessary to prevent reoffending: an order to attend a course, an order to complete a stalking treatment program, or probation or community service.

Professional legal assistance can be helpful for the defense of a stalking crime case.

At Daeryun Law Firm, criminal law stalking attorneys provide client-tailored legal services from the early stage of a case through the trial stage.

If you have become involved in stalking like the case above and need the assistance of an experienced attorney, you may visit a stalking attorney at Daeryun Law Firm at any time.