CONTENTS
- 1. The Client's Situation
- - How the Client Came to the Seongnam Law Office
- 2. The Statutes Relevant to the Case as Explained by the Seongnam Law Office
- 3. Seongnam Law Office Assistance
- - Seongnam Law Office Argument ① Conduct Creating a Sense of Fear
- - Seongnam Law Office Argument ② Insufficient Evidence of the Offense
- - Seongnam Law Office Argument ③ The Alleged Victim's Contact
- 4. The Prosecution's Decision on the Seongnam Law Office's Argument
- - If You Need the Assistance of the Seongnam Law Office
1. The Client's Situation
The client sought to be presented with a solution through a legal consultation with an attorney and to resolve the matter promptly, and conducted a thorough consultation at the Seongnam office.
How the Client Came to the Seongnam Law Office
The account of the client to seek help is as follows.
The client is a private academy instructor, and the alleged victim is the client's boyfriend.
One day, the client witnessed her boyfriend having an affair with another woman, and the client, who was greatly shocked, asked the alleged victim to explain the situation.
However, her boyfriend told the client that he could no longer continue the relationship and gave notice of a breakup.
The client attempted to contact her former boyfriend approximately 30 times in order to settle a debt matter with him.
The boyfriend reported the client for stalking, and the client determined that professional legal assistance was needed.
Facing a charge of violating the 🔗Act on Punishment of Crime of Stalking, the client came to Daeryun seeking to conclude the case promptly with the assistance of an attorney.
2. The Statutes Relevant to the Case as Explained by the Seongnam Law Office
The client was implicated in a charge of violating the Act on Punishment of Crime of Stalking.
Stalking refers to causing anxiety or fear in the other party, or in that party's cohabitant or family, against the other party's will and without justifiable grounds.
If a stalking charge is established, one may be punished by imprisonment for not more than three years or a fine not exceeding 30 million won, and where a weapon is used, one may be punished by imprisonment for not more than five years or a fine not exceeding 50 million won.
3. Seongnam Law Office Assistance
The Seongnam attorney closely reviewed the circumstances of the case and established an appropriate response, arguing as follows in order to obtain a non-prosecution disposition.
1. Did the client create a sense of fear in the alleged victim?
2. Is there sufficient evidence to prove the client's commission of the offense?
Seongnam Law Office Argument ① Conduct Creating a Sense of Fear
In light of the evidence, it can be seen that the client did not contact the alleged victim one-sidedly.
The client discussed matters such as resolving the financial relationship with the alleged victim and the future of their relationship.
Accordingly, the attorney emphasized that the alleged victim's claim that the client had created a sense of fear was without merit.
Seongnam Law Office Argument ② Insufficient Evidence of the Offense
Even if the client's conduct may have provoked unpleasant feelings in the alleged victim, it is difficult to regard such conduct as sufficient to cause anxiety or fear.
The alleged victim's claim alone cannot establish that the client's conduct constitutes the crime of stalking as a matter of law.
Because the evidence to prove the client's commission of the offense is insufficient, the attorney emphasized that the alleged victim's claim was without merit.
Seongnam Law Office Argument ③ The Alleged Victim's Contact
The alleged victim continued to decline the client's calls while demanding money from the client by message.
The client called in order to find out the specific reason why the alleged victim was demanding money.
The attorney also emphasized that the alleged victim had merely declined the client's calls and had never asked the client not to contact him.
4. The Prosecution's Decision on the Seongnam Law Office's Argument
The prosecution accepted the Seongnam law office's argument and ultimately rendered a non-prosecution decision.
The client, who was able to conclude the case promptly through the non-prosecution decision, conveyed deep thanks.
If You Need the Assistance of the Seongnam Law Office
The above is a case in which a client charged with stalking obtained a non-prosecution decision from the prosecution.
If you are involved in a criminal case, consulting an attorney to secure favorable evidence can be helpful.
Daeryun operates the latest analytical equipment and programs to lawfully secure evidence and respond to cases systematically.
If you are facing difficulties in a situation similar to the above case, we recommend finding a solution through a criminal attorney 🔗legal consultation booking.
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.
