CONTENTS
- 1. Stalking Attorney, the Client's Request
- - Stalking Attorney, the Details of the Client's Case
- 2. Stalking Attorney, the Level of Punishment for a Stalking Offense
- - Stalking Attorney, the Level of Punishment for an Instigator
- 3. Stalking Attorney, the Assistance Provided in the Client's Case
- 4. Stalking Attorney, the Result of the Assistance in the Client's Case
1. Stalking Attorney, the Client's Request
This client, who sought out the stalking attorney, explained that the client had solicited a stalking offense.
The client explained that the client had no idea at all that the conduct solicited amounted to a stalking offense, and, noting that the client had young children, asked the attorney to defend against a sentence of imprisonment.
To meet the client's request, the stalking attorney set about reviewing the details of the case.
Stalking Attorney, the Details of the Client's Case
The details of the client's case, as reviewed by the stalking attorney, were as follows.
The client explained that the client had not held a wedding ceremony and was in a common-law relationship with her husband while raising two daughters. The client explained that, at a certain point, the husband began attending company dinners more frequently and paid little attention to the client.
Having come to Seoul from the provinces relying solely on her husband, the client explained that the husband was the only person she could depend on; the situation became hard to bear, and her suspicions steadily grew.
One day, while sorting the belongings of her husband, who had come home drunk, the client explained that a woman's earring was found in the pocket of his clothes.
The client explained that she concluded she would need clear evidence that her husband was having an affair, and that while using social media she came across an advertisement for a detective agency that billed itself as a legal private investigation service.
Drawn to the word ‘legal,’ the client explained that she immediately engaged the agency to obtain evidence of her husband's affair.
While following the husband to gather evidence of the affair, the detective was discovered by the husband and apprehended by the police. The detective disclosed that he had been retained by the client, and the client came to be investigated by the police on suspicion of soliciting a stalking offense.
The stalking attorney recommended that, because detective agencies often have difficulty obtaining evidence lawfully under current law, the client seek the assistance of Daeryun's evidence investigation and digital forensics group in order to secure lawful evidence.
2. Stalking Attorney, the Level of Punishment for a Stalking Offense
The detective retained by the stalking attorney's client was arrested on suspicion of a stalking offense.
A stalking offense refers to an offense committed when a person, against the other party's will and without justifiable grounds, continuously or repeatedly engages in stalking conduct so as to cause anxiety or fear.
Such a stalking offense is punishable under the 🔗Act on Punishment of Crime of Stalking by imprisonment for up to three years or a fine of up to 30 million won.
Stalking Attorney, the Level of Punishment for an Instigator
The stalking attorney's client had solicited the detective to commit a stalking offense.
A person who solicits another to commit an offense may be punished with the same penalty as the person who committed it, so the client could be punished by imprisonment for up to three years or a fine of up to 30 million won.
3. Stalking Attorney, the Assistance Provided in the Client's Case
To prevent a sentence of imprisonment for the client, who needed to raise young children, the stalking attorney assisted in the case by arguing the following points.
■The stalking attorney argued that, if the client were sentenced to imprisonment, the young children could be placed at risk.
■The stalking attorney argued that the client had no clear awareness of committing a crime.
■The stalking attorney argued that the client had resolved never to reoffend.
4. Stalking Attorney, the Result of the Assistance in the Client's Case
After hearing from the stalking attorney, the prosecution issued a summary indictment in the client's case, and the court accepted it and issued a summary order imposing a small fine.
Although the client faced the risk of being sentenced to imprisonment as an instigator of stalking, the client was able to avoid that risk by seeking the stalking attorney's assistance.
If you need a 🔗attorney referral in a situation like the client's, please visit a nearby Daeryun office.
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This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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