CONTENTS
- 1. The Client's Situation
- 2. Stalking Attorney's Assistance in Defending the Client Against Punishment
- - Stalking Attorney's Argument That There Was No Malicious Intent
- - Stalking Attorney's Argument That the Client Acknowledged All the Facts and Was Remorseful
- 3. Result of the Stalking Attorney's Assistance, a Suspension of Indictment Despite More Than 50,000 Messages
1. The Client's Situation
The client, who sought help from the attorney, was facing a prosecutorial investigation for a Violation of the Act on Punishment of Crime of Stalking.
The client had been accused of continuous and repeated stalking conduct, including sending approximately more than 50,000 messages.
The client sought the attorney's help, wishing to mount the strongest possible defense against punishment.
The Stalking Offense, Explained by a Stalking Attorney
The 🔗Act on Punishment of Crime of Stalking was enacted into law to curb conduct amounting to a stalking offense.
Stalking, as defined under the Act on Punishment of Crime of Stalking, means a series of acts directed at another person or that person's cohabitant or family member, against that person's will and without justifiable grounds, that cause the person anxiety or fear.
Under the Act on Punishment of Crime of Stalking, the key elements for the offense to be committed are continuity and repetition.
Even where no Supreme Court precedent exists, the Act on Punishment of Crime of Stalking may apply if continuity and repetition are recognized under the common sense generally accepted in society.
If stalking conduct is recognized, under Article 18 of the Act on Punishment of Crime of Stalking, the offender may be punished by imprisonment for not more than 3 years or a fine not exceeding 30 million won.
A person who commits a stalking offense while carrying or using a deadly weapon or any other dangerous object is subject to aggravated punishment and may be punished by imprisonment for not more than 5 years or a fine not exceeding 50 million won.
2. Stalking Attorney's Assistance in Defending the Client Against Punishment
The attorney undertook the defense to protect the client against punishment.
Stalking Attorney's Argument That There Was No Malicious Intent
The client developed feelings for the complainant, whom he had met at a study group, and the two maintained a close relationship.
The client believed that he and the complainant were in what is commonly called a flirtationship, and after learning that the complainant had a partner, he was deeply hurt emotionally.
Although the client at times resented the complainant for not responding to his confession of feelings, he could not easily give up his feelings of affection, and he was in a very emotionally confused state.
The attorney emphasized that the text messages were sent merely in an attempt to talk and sort out his feelings in a confused situation, and were by no means malicious conduct intended to cause anxiety or fear.
Stalking Attorney's Argument That the Client Acknowledged All the Facts and Was Remorseful
The attorney argued that the client had come to realize that conduct done out of affection could hurt the complainant, and was deeply remorseful.
The client now acknowledges all of the alleged facts in this case and is deeply remorseful for his wrongdoing.
The attorney emphasized that the client is deeply remorseful for his wrongdoing, and is resolved never again to become involved in any offense and to live diligently with a mind to apologize to the complainant, and requested leniency.
3. Result of the Stalking Attorney's Assistance, a Suspension of Indictment Despite More Than 50,000 Messages
With the attorney's help, the client received a suspension of indictment conditional on completing an educational program despite more than 50,000 text messages, successfully defending against punishment.
If you have been accused of a Violation of the Act on Punishment of Crime of Stalking, receiving the help of a stalking attorney to determine your response can be helpful.
Drawing on data from extensive case experience, the Daeryun Law Firm stalking attorneys work to anticipate the course of a client's case.
If you need a stalking attorney's help in a situation such as the one above, please contact 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.
