Incheon Criminal Attorney | A Client Reported for Stalking by a Former Partner, Defended Through No Referral

Through a consultation with the client, the Incheon criminal attorney listened carefully to the circumstances of the case.

The client came to date a woman whom he had met while working as a temporary teacher at a high school.

In the meantime, the client passed the teacher appointment examination and moved to Songdo, Incheon, while his girlfriend remained in another region, and they were no longer able to meet often.

As a result, minor disputes followed, and eventually the girlfriend announced that they should part ways.

Although he sought to hold on to her several times, in the face of his girlfriend's cold attitude the client accepted the breakup.

In the meantime, the school where the client was working went on a field trip, where he discovered something called a "slow mailbox."

It was a system whereby, if a handwritten letter was placed in the mailbox, it would be delivered one year later to the address that had been written down. The client wrote and sent a letter containing such things as asking whether his former girlfriend was doing well and expressing gratitude for their time together.

Having completely forgotten that he had even sent the letter, the client suddenly received contact from a police station one year later on a charge under the Act on Punishment of Crime of Stalking.

The 🔗Act on Punishment of Crime of Stalking is a statute enacted to provide immediate and preventive measures against stalking crimes.

According to the Act on Punishment of Crime of Stalking, a stalking act is defined as follows.

▣ Article 2 (Definitions)

1. A "stalking act" means, against the will of the other party and without justifiable reason, committing any of the acts falling under any of the following items, thereby causing the other party to feel anxiety or fear.

(c) The act of causing an object, or writing, words, signs, sounds, pictures, video, or images to reach the other party or others by using mail, telephone, fax, or an information and communications network, or causing writing, words, signs, sounds, pictures, video, or images to appear before the other party or others through a program or the functions of a telephone that uses an information and communications network

2. A "stalking crime" means persistently or repeatedly committing a stalking act.

The client's act of sending a letter through the slow mailbox amounted to only a single occasion and was not carried out persistently.

Accordingly, the attorney argued that the conduct did not satisfy the requirements of persistence and repetition prescribed among the elements of a stalking crime.

Although the complainant asserted that the client had also engaged in stalking conduct during the process of announcing the breakup and experiencing conflict, the attorney argued that this was nothing more than conduct aimed at winning back the former girlfriend's affection, and that the content of the communications was, in many instances, an expression of concern for the complainant.

Accordingly, the attorney argued that this did not constitute an act that was "against the will of the other party," "without justifiable reason," or that caused "anxiety or fear in the other party," as prescribed among the elements under the Act on Punishment of Crime of Stalking.

If, like the client above, you have been unfairly reported or accused on a stalking charge, seeking the assistance of a 🔗criminal law specialist attorney is advisable.

At Daeryun LLC, specialist attorneys with extensive experience handling related cases help gather favorable evidence and take other measures to resolve clients' unfair accusations.

If you require assistance with a similar charge, please visit the 🔗Daeryun Incheon Office at any time.