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Deals & Cases

Violation of the Act on Punishment of Crime of Stalking, etc.

[Mokpo Law Firm Assistance Case] With a Mokpo Law Firm's Assistance, a Stalking Client's Sentence Was Reduced to a Fine

The client who came to a Mokpo law firm had committed a stalking offense against the victim, his former partner, and came to the Mokpo law firm of Daeryun Law Firm to reduce the punishment.

CONTENTS
  • 1. The Client Who Came to a Mokpo Law Firm
    • - The Client Who Requested Assistance From a Mokpo Law Firm
    • - Laws Related to the Case as Explained by the Mokpo Law Firm
  • 2. The Mokpo Law Firm's Assistance
    • - The Mokpo Law Firm Argued That the Defendant Was Sincerely Remorseful for the Offense
    • - The Mokpo Law Firm Argued That the Defendant Had Amicably Settled With the Victim's Side
    • - The Mokpo Law Firm Argued That the Defendant Was a First-Time Offender
  • 3. The Result of the Mokpo Law Firm's Assistance: ‘a Fine’

1. The Client Who Came to a Mokpo Law Firm

The client who came to a Mokpo law firm was placed in a situation facing punishment because, after being notified of a breakup by his former partner, he repeatedly contacted her and committed stalking conduct that caused the victim fear.

The Client Who Requested Assistance From a Mokpo Law Firm

The client who requested assistance from a Mokpo law firm had been in an extramarital relationship with the victim in this case.

After being notified of a breakup by the victim, however, the client continuously and incessantly contacted the victim.

In addition, he committed stalking conduct, continuously sending calls and text messages to the victim's wife as well, causing anxiety and fear.

He also threatened several times to disclose the affair to the victim's company and family, and came to the front of the victim's company and struck the victim, who refused to talk, on the head several times, thereby assaulting the victim.

The client, who was accused on charges including violation of the Act on Punishment of Crime of Stalking, assault, and intimidation, came to the Mokpo law firm of Daeryun Law Firm to request assistance for a sentence reduction.

Laws Related to the Case as Explained by the Mokpo Law Firm

"Stalking conduct" means

committing any of the acts in the following items against another person's will and without justifiable reason, thereby causing the other person anxiety or fear.

- The act of approaching, following, or blocking the path of the other person or that person's cohabitant or family

- The act of waiting for or watching the other person, etc. at or near the residence, workplace, school, or other place where that person ordinarily lives

- The act of making objects, writing, words, signs, sounds, pictures, images, or video reach the other person, etc. by mail, telephone, fax, or the information and communications network under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., or the act of making writing, words, signs, sounds, pictures, images, or video appear to the other person, etc. by means of a program that uses the information and communications network or a function of a telephone

- The act of making objects, etc. reach the other person, etc. directly or through a third party, or placing objects, etc. at or near the residence, etc.

- The act of damaging objects, etc. placed at or near the residence, etc. of the other person, etc.

- The act of impersonating the other person, etc. through the information and communications network by using information about that person's name, title, photograph, image, or identity

The Level of Punishment for Stalking Offenses

(1) A person who commits a stalking offense shall be punished by imprisonment for not more than three years or a fine not exceeding thirty million won.

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

The Level of Punishment for Assault (Assault, Assault Against a Lineal Ascendant)

(1) A person who commits assault against the body of another shall be punished by imprisonment for not more than two years, a fine not exceeding five million won, detention, or a minor fine.

(2) A person who commits the offense under paragraph (1) against his or her own or a spouse's lineal ascendant shall be punished by imprisonment for not more than five years or a fine not exceeding seven million won.

2. The Mokpo Law Firm's Assistance

The Mokpo law firm argued grounds for mitigation in order to reduce the client's punishment. Emphasizing that the client was remorseful and had reached a settlement with the victim's side, the firm requested leniency.

The Mokpo Law Firm Argued That the Defendant Was Sincerely Remorseful for the Offense

The defendant acknowledged all of his offense and was remorseful, feeling sorry toward the victims.

It was also argued that he had submitted a letter of apology, along with a resolution not to make the same mistake again.

The Mokpo Law Firm Argued That the Defendant Had Amicably Settled With the Victim's Side

The defendant conveyed his apology to the victim's side and delivered a settlement sum, and it was argued that he had thereby amicably settled with the victim's side.

The Mokpo Law Firm Argued That the Defendant Was a First-Time Offender

It was argued that the defendant was a first-time offender with no criminal history of any kind before this case.

3. The Result of the Mokpo Law Firm's Assistance: ‘a Fine’

The court accepted the Mokpo law firm's grounds for mitigation and imposed a fine on the client. In a situation where the client could otherwise have received a heavy custodial sentence on various charges, he received a fine with the assistance of the Mokpo law firm and concluded the case.

If You Are Involved in a Criminal Case and Need a Sentence Reduction

The case above was one in which a client who was accused on charges of stalking, assault, and intimidation came to a Mokpo law firm to request assistance.

With the assistance of the Mokpo law firm, the client succeeded in reducing the punishment from the risk of a custodial sentence.

When you are involved in a criminal case in this way and need a sentence reduction, it is advisable to obtain the assistance of an attorney with relevant experience.

At Daeryun Law Firm, attorneys with extensive experience in a variety of criminal cases take exclusive charge of a client's case and assist the client with an efficient strategy.

If you need a sentence reduction in a situation such as the case above, you may come to the Mokpo law firm of Daeryun Law Firm at any time.

[목포로펌 조력 사례] 목포로펌 조력으로 스토킹 의뢰인 벌금형으로 감형

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.

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