Namyangju Criminal Defense Attorney Defense | Client Charged with Stalking Faced a Requested Prison Sentence but Successfully Obtained a Fine

The client had been in an affair with a married company employee.

One day, the victim notified the client that he was ending the relationship.

Angered, the client repeatedly attempted to contact the victim and intimidated him a total of 11 times, saying things such as, "I will tell the company that we were in an affair."

In addition, the client frightened the victim a total of 4 times, saying, "If you do not send money, I will tell your family about the affair."

The client became involved in charges of stalking, intimidation, and attempted extortion, and was in a situation in which it was difficult to avoid an actual custodial sentence.

The prosecutor requested a prison sentence on the ground that the nature of the client's conduct was serious.

The client, who faced the prospect of losing her job if a sentence of suspended imprisonment or higher were imposed, came to the Namyangju criminal defense attorney in great anxiety.

Stalking

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

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

Intimidation

Article 283 (Intimidation, Intimidation against Lineal Ascendant)

(1) A person who intimidates another shall be punished by imprisonment for not more than three years, a fine of not more than 5 million won, detention, or a minor fine.
(2) A person who commits the offense under paragraph (1) against one's own or one's spouse's lineal ascendant shall be punished by imprisonment for not more than five years or a fine of not more than 7 million won.
(3) The offenses under paragraphs (1) and (2) may not be prosecuted against the express will of the victim.

Article 284 (Special Intimidation)

A person who commits the offense under paragraph (1) or (2) of the preceding Article by displaying the collective power of a group or a multitude, or by carrying a dangerous object, shall be punished by imprisonment for not more than seven years or a fine of not more than 10 million won.

Article 285 (Habitual Offender)

A person who habitually commits the offense under Article 283 (1) or (2) or under the preceding Article shall have the punishment prescribed for that offense increased by up to one half.

Attempted Extortion

Article 350 (Extortion)
(1) A person who, by extortion, takes the delivery of property or acquires a pecuniary benefit shall be punished by imprisonment for not more than ten years or a fine of not more than 20 million won.
(2) The same punishment as in the preceding paragraph shall apply where, by the method in the preceding paragraph, a third party is caused to take the delivery of property or to acquire a pecuniary benefit.

Article 351 (Habitual Offender)

A person who habitually commits any of the offenses under Articles 347 through the preceding Article shall have the punishment prescribed for that offense increased by up to one half.

Article 352 (Attempts)

An attempt to commit any of the offenses under Articles 347 through 348-2, 350, and 351 shall be punished.

The Namyangju criminal defense attorney emphasized that the client clearly recognized how serious the offense committed against the victim was,

and that the client, feeling guilt over the wrongdoing and being sincerely and deeply remorseful and apologetic, had written a letter of reflection.

The Namyangju criminal defense attorney emphasized that the client felt that her mental state had deteriorated to the point of a serious psychological disorder,

and that, in order to receive proper treatment and not to reoffend, she was actively undergoing treatment at a hospital.

The Namyangju criminal defense attorney emphasized that the client, recalling every day how she had been deceived by the victim and had her body and heart taken,

suffered unbearable stress, with a tightening sensation in her chest and a feeling that her head would burst, and committed the offense as a result.

At Daeryun Law Firm, attorneys specializing in criminal matters, with more than 20 years of experience and a precise understanding of the methods and flow of investigations and trials, jointly handle criminal cases.

Through practical experience, they examine similar cases in detail and provide assistance in responding to criminal litigation matters in a specialized manner.

If you need the assistance of an attorney specializing in this area in a situation similar to the case above, please contact the Namyangju criminal defense attorney at any time.