CONTENTS
- 1. The Client Who Came to the Stalking Attorney
- 2. Stalking Conduct as Explained by the Stalking Attorney
- - The Level of Punishment for Stalking
- 3. The Stalking Attorney's Defense of the Client
- - How the Client's Case Arose
- - The Client's Stalking Conduct
- 4. The Judgment Obtained by the Stalking Attorney
1. The Client Who Came to the Stalking Attorney
This is the account of a client who came to the stalking attorney.
The client stated that, wishing to reunite with a former partner, the client had engaged in stalking over the course of half a year and was thereby placed at risk of a sentence of imprisonment.
The client stated that the client had not known whether the conduct constituted the offense of stalking, and requested the assistance of the stalking attorney.
The stalking attorney set out to examine the case in order to resolve the client's matter.
The client stated that the alleged facts involved making a total of 20 telephone calls over half a year against the wishes of the complainant.
The client acknowledged the facts but stated that the client could not accept these being regarded as the offense of stalking, and requested assistance.
2. Stalking Conduct as Explained by the Stalking Attorney
The stalking attorney's client was at risk of a sentence of imprisonment on a stalking charge.
The offense of stalking refers to carrying out stalking conduct on a continuous or repeated basis.
Stalking conduct includes the following acts as well as various other acts that cause the other party to feel anxiety or fear.
Examples of Stalking Conduct
-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 that party ordinarily lives
-Causing text, words, signs, sounds, pictures, images, or video to appear to the other party and the like by means of a mobile phone or the like
-Causing objects and the like to reach the other party and the like, directly or through a third party, or placing objects and the like at or near the residence and the like
-Using the other party's name, designation, photograph, image, or information concerning identity through an information and communications network so as to impersonate the other party and the like |
The Level of Punishment for Stalking
If the offense of stalking is established against the stalking attorney's client, the client would, pursuant to the 🔗Act on Punishment of Crime of Stalking, be subject to punishment of imprisonment for not more than three years or a fine of not more than 30 million won.
Act on Punishment of Crime of Stalking Article 18 (Offense of Stalking)
(1) A person who commits the offense 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 offense 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. |
3. The Stalking Attorney's Defense of the Client
The stalking attorney set out to mount a defense as follows in order to avert a sentence of imprisonment for the client.
How the Client's Case Arose
The reason the stalking attorney's client's case arose was a sound heard over the telephone while the client and the former partner were on a call.
Over the client's telephone, the voice of an unidentified man and moaning sounds suggestive of sexual relations were heard.
When the stalking attorney's client, after collecting the client's thoughts, pressed the former partner about it, the former partner gave notice of separation without a word of apology.
The client came to the view that, even if they were to part ways, the client ought at least to receive an apology from the former partner.
The Client's Stalking Conduct
The stalking attorney's client did not make any contact likely to cause the former partner to feel anxiety or fear.
As the client merely placed a telephone call from time to time while waiting for the former partner to make contact, the client's conduct cannot be regarded as stalking conduct.
The client could not understand the attitude of the former partner, who, despite having committed the wrong of having sexual relations with another man while in a relationship with the client, unilaterally cut off contact without any apology.
Accordingly, the client merely placed several telephone calls in haste, out of the thought that an apology should be received from the former partner.
4. The Judgment Obtained by the Stalking Attorney
With the assistance of the stalking attorney, the client was able to avoid a sentence of imprisonment and receive a minor fine.
Stalking conduct is punished strictly in that it causes the victim extreme fear and anxiety.
It was thanks to the assistance of the stalking attorney that such a result could be reached.
If a person, out of strong feelings toward a former partner or the like, commits the offense of stalking through a momentary mistake, it is important to respond promptly.
If you are at risk of a sentence of imprisonment, as the client in this case was, please reach out to the 🔗stalking attorney at 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.
