Defense under the Act on Punishment of Crime of Stalking | A client reported for stalking and intrusion upon habitation by a former partner is defended to a suspended sentence

The client and the victim had dated and then broken up, but afterward they remained in a relationship in which they would drink together or go on trips together.

Moreover, when the victim drank a lot, she would sometimes contact the client and ask him to come pick her up, and on such an occasion the victim told the client the access code to her home.

Even though they were not in a dating relationship, the victim repeatedly engaged in behavior such as blocking the client's contact from time to time according to her mood and then contacting him again.

Feeling frustrated by this, the client determined that it was difficult to continue such a situation any longer and confronted her by phone, and was blocked again as a result.

Afterward, in order to completely settle matters with the victim, the client said he would come retrieve his belongings that he had left at the victim's home, and the victim said, 'Come and get them yourself.'

When the client visited the victim's home to retrieve his belongings, the victim was at home at the time, and when the client entered, she treated him as a criminal and reported him to the police.

As a result, the client was charged with intrusion upon habitation and stalking and was brought to trial.

🔗The Act on Punishment of Crime of Stalking is a law enacted for prompt and preventive measures against the crime of stalking, and it is being punished far more severely than when such conduct was previously punished as a minor offense.

Stalking as defined under the Act on Punishment of Crime of Stalking refers to 'against the other party's will and without justifiable reason, engaging in conduct constituting stalking toward the other party or persons around the other party, thereby causing the other party anxiety or fear, and doing so continuously or repeatedly.'

A violation of the Act on Punishment of Crime of Stalking may be punishable by imprisonment for not more than three years or a fine not exceeding 30 million won, and if a person committed the crime of stalking while carrying or using a deadly weapon or other dangerous object, it may be punishable by imprisonment for not more than five years or a fine not exceeding 50 million won.

The client had received the access code directly from the victim, and had also heard her say, in effect, 'Come and get your belongings yourself.'

Because the victim had blocked the client's contact, it was not possible to coordinate by phone separately, and at the time of the visit he believed the victim was not present and intended only to gather his own belongings and leave. He therefore argued that there was no intent to commit intrusion upon habitation and that there was the victim's express and implied consent to entry into her residence.

Although the client did in fact place a call to the victim's mobile phone, according to precedent, a mere notation of a 'missed call' does not constitute conduct of stalking as defined under the Act on Punishment of Crime of Stalking.

In addition, it was emphasized that the client's visit to the front of the victim's home was conduct done out of frustration, for the purpose of settling the relationship with the victim, who continued not to answer his contact.

Because the crime of stalking is recognized broadly under the amended Act on Punishment of Crime of Stalking, there are many cases in which a person does not become aware that his or her own conduct constitutes conduct of stalking.

If you wish to deny a stalking charge, it is advisable to emphasize the following points.

✔ The conduct was not continuous and repeated

To be continuous, even a single instance must extend over a considerable period at the same time and place, and to be repeated, each act must be closely related.

✔ The conduct did not cause anxiety or fear

If a natural conversation, an everyday conversation, or an ordinary conversation in which the offender apologizes was brought to a close,

it cannot necessarily be said that the offender's conduct caused anxiety or fear.

If you wish to prove such points, we recommend responding promptly with the help of a specialist attorney.

If you have been charged with a related offense and need assistance, please 🔗request a legal consultation with Daeryun LLC (Limited) at any time.