CONTENTS
- 1. The Client Who Came to the Jeju Law Firm
- - The Circumstances of Coming to the Jeju Law Firm
- 2. Statutes Relevant to the Case as Explained by the Jeju Law Firm
- 3. The Assistance Provided by the Jeju Law Firm
- - Jeju Law Firm Emphasizes That the Client Is Deeply Remorseful
- - Jeju Law Firm Emphasizes That the Client Is a First-Time Offender
- 4. The Court's Decision on the Jeju Law Firm's Arguments
- - If You Need the Assistance of the Jeju Law Firm
1. The Client Who Came to the Jeju Law Firm
The client who came to the Jeju law firm stalked the victim, a personal broadcasting BJ, by sending a total of 140 messages.
The victim, who felt fear at the client's conduct, sent the client a message to the effect of, “This is frightening, so please stop contacting me.”
When the client continued to make contact despite the victim's request, the victim filed a criminal complaint against the client.
How did the Jeju law firm resolve the client's case?
The Circumstances of Coming to the Jeju Law Firm
The client in this case first came to know the victim through an internet broadcasting platform.
The client, finding much to admire in the victim, who lived diligently in contrast to the client, came to feel a fondness for the victim.
As the client's feelings for the victim gradually deepened, the client came to mistakenly believe that the victim also had a fondness for the client.
The client then sent messages to the victim a total of 140 times, thereby stalking the victim continuously and repeatedly.
Although the victim, who felt fear at this conduct of the client, expressed to the client the wish that the client “stop contacting me,”
the client continued to send messages to the victim.
Facing the risk of serious punishment, the client, seeking to reduce the level of the sentence as much as possible, came to the Jeju law firm.
2. Statutes Relevant to the Case as Explained by the Jeju Law Firm
Let us review the statutes relevant to the case together with the Jeju law firm.
Statutes Relevant to Stalking
Stalking Crime
: Doing, against the will of the other party and without justifiable reason, any one of the following acts, thereby causing the other party anxiety or fear
▶ Approaching, following, or blocking the path of the other party or that party's cohabitant or family
▶ Waiting for or watching the other party and the like at or near the residence, workplace, school, or other place where they ordinarily conduct daily life
▶ Using mail, telephone, fax, or an information and communications network under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., to
cause goods, or writings, words, symbols, sounds, images, pictures, or footage, to reach the other party and the like, or, by means of a program using an information and communications network
or the functions of a telephone, to cause writings, words, symbols, sounds, images, pictures, or footage to appear to the other party and the like
▶ 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, etc.
▶ Damaging goods and the like placed at or near the residence, etc. of the other party and the like
▶ Using, through an information and communications network, information concerning the name, title, photograph, image, or identity of the other party and the like, so as to impersonate the other party and the like
Level of Punishment for Stalking Crime
① A person who commits a stalking crime is subject to imprisonment for not more than three 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 is subject to imprisonment for not more than five years or a fine not exceeding 50 million won
3. The Assistance Provided by the Jeju Law Firm
The Jeju law firm analyzed the case together with the client.
It systematically analyzed the circumstances favorable and unfavorable to the client and devised a strategy suited to them.
The Jeju law firm made the following arguments.
Jeju Law Firm Emphasizes That the Client Is Deeply Remorseful
The Jeju law firm emphasized that, regardless of the circumstances, the client repents of the client's wrongdoing and is deeply remorseful.
In particular, the client feels great sorrow for having continued to send messages despite the victim's refusal and for having caused harm to the victim,
and the firm emphasized that the client is firmly resolved never to commit any offense again and to live earnestly.
Jeju Law Firm Emphasizes That the Client Is a First-Time Offender
The Jeju law firm emphasized that the client is a first-time offender with no record of either the same type or any other type of offense.
In addition, in order not to commit the same wrongdoing again,
the client is continually receiving psychological counseling and making efforts on the client's own, and the firm emphasized that there is no concern of reoffending.
4. The Court's Decision on the Jeju Law Firm's Arguments
The court accepted the Jeju law firm's arguments and imposed a comparatively light ‘fine’.
If You Need the Assistance of the Jeju Law Firm
At Daeryun Law Firm, attorneys specializing in criminal matters jointly handle criminal cases, allowing the firm to respond to criminal matters in a more specialized manner.
If you need the assistance of an attorney specializing in this area in a situation similar to the case above,
please visit Daeryun Law Firm.
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.
