CONTENTS
- 1. The Client Who Sought an Ansan Criminal Attorney
- 2. Stalking Conduct Explained by the Ansan Criminal Attorney
- - The Level of Punishment for the Crime of Stalking Explained by the Ansan Criminal Attorney
- 3. The Ansan Criminal Attorney Takes On the Client's Indictment Defense
- - Ansan Criminal Attorney, “The Client Had No Intent to Stalk”
- - Ansan Criminal Attorney, “The Complainant Felt No Fear or Anxiety”
- 4. Ansan Criminal Attorney Successfully Defends Against Indictment
1. The Client Who Sought an Ansan Criminal Attorney
This is the account of the client who sought an Ansan criminal attorney.
The client explained that he had been accused of stalking and that, after a police investigation, the case had been referred to the prosecutors' office. The client requested assistance, saying that his conduct did not appear to amount to stalking.
The details of the client's case as grasped by the Ansan criminal attorney were as follows.
The complainant in the client's case accused him of stalking, alleging that the client sent text messages at all hours and repeatedly sent messages that caused anxiety.
However, the client explained that he had merely sent messages to protest after learning that the complainant had spoken disparagingly of him to his acquaintances.
The client pleaded that it was unfair, asking whether protesting after being insulted also amounted to stalking.
2. Stalking Conduct Explained by the Ansan Criminal Attorney
The Ansan criminal attorney's client was charged with stalking. Under the 🔗Act on Punishment of Crime of Stalking, stalking is defined as conduct that causes another person fear and anxiety against that person's will.
Causing objects, writings, or images to reach another person through an information and communications network so as to cause fear and anxiety, or approaching or watching another person without justifiable reason, is included among acts of stalking.
A single act of stalking does not result in punishment. If a stalking act is carried out continuously and repeatedly, it amounts to the crime of stalking and is punishable.
1. “Stalking act” means causing anxiety or fear in the other party by engaging, against the other party's will and without justifiable reason, in any of the acts in the following items against the other party, a person living with the other party, or a family member.
The Level of Punishment for the Crime of Stalking Explained by the Ansan Criminal Attorney
The Ansan criminal attorney's client was at risk of being punished for the crime of stalking because he had repeatedly engaged in the stalking act of sending messages.
② A person who commits the crime of stalking while carrying or using a deadly weapon or other dangerous object shall be punished by imprisonment for not more than 5 years or by a fine not exceeding KRW 50 million.
3. The Ansan Criminal Attorney Takes On the Client's Indictment Defense
The Ansan criminal attorney set out to defend against indictment in order to conclude the client's case at the prosecution stage.
Ansan Criminal Attorney, “The Client Had No Intent to Stalk”
The Ansan criminal attorney emphasized that the client had no intent to stalk the complainant.
The client and the complainant had maintained a good relationship, but one day the client learned that the complainant had made disparaging remarks about the client to acquaintances.
The client sent a message to object to this, and because the complainant did not respond, the client simply continued to send messages requesting an apology.
The Ansan attorney argued that the client's conduct could not be regarded as stalking and that there had been no intent to stalk at all.
Ansan Criminal Attorney, “The Complainant Felt No Fear or Anxiety”
The Ansan criminal attorney emphasized that the complainant who filed the complaint against the client had felt no fear or anxiety.
For a charge of stalking to apply, the conduct must cause fear or anxiety in the other party,
but far from feeling any fear or anxiety from the client's conduct, the complainant in this case even shared the messages with acquaintances and mocked them.
The Ansan attorney argued that, because the complainant felt no fear or anxiety, the offense of stalking was not constituted.
4. Ansan Criminal Attorney Successfully Defends Against Indictment
After hearing the Ansan criminal attorney's submissions, the prosecution issued a non-prosecution decision for the client.
This result was achieved because it was established that the offense of stalking did not apply to the client.
If, like the client in this case, you are unfairly suspected of a charge, you should respond immediately and establish that there is no basis for the charge.
As this can be difficult to do on your own, please seek the assistance of an 🔗Ansan attorney at any time.
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.
