CONTENTS
- 1. The Circumstances of the Case Handled by the Seocho Criminal Attorney
- - The Account of the Client
- 2. Statutes Related to the Case, Explained by the Seocho Criminal Attorney
- 3. The Seocho Criminal Attorney's Assistance to the Client
- - The Seocho Criminal Attorney's Assistance | The Victim's Contact
- - The Seocho Criminal Attorney's Assistance | There Was No Fear or Anxiety
- 4. The Result of the Seocho Criminal Attorney's Assistance
1. The Circumstances of the Case Handled by the Seocho Criminal Attorney
The Seocho criminal attorney's client was facing trial after a former partner filed a criminal complaint alleging that the client had committed a stalking crime.
The client came seeking an attorney with expertise in criminal cases in Seocho to defend against punishment through legal assistance.
The Account of the Client
The client had been in a relationship with a partner, A, for about two years, but during the relationship they repeatedly broke up and got back together.
Even when they were broken up, A acted in ways that blurred the line between a breakup and an ordinary lovers' quarrel, such as asking the client to contact A again and to come see A.
When the incident occurred, A and the client had told each other they were breaking up, yet they continued to exchange messages, and A even came to the client's home, behaving ambiguously.
Eventually, however, when the client decided to end things with A and no longer answered A's calls, A filed a complaint on stalking charges, using as evidence the client's earlier conduct of contacting and visiting A around the time of the breakups.
The client was bewildered, but the case was then indicted, and the client came to face a criminal trial.
The client came to the Seocho criminal attorney to defend against punishment with legal assistance.
2. Statutes Related to the Case, Explained by the Seocho Criminal Attorney
If a person is booked by the police on stalking charges, as in the client's case, the person may be criminally punished under the ‘Act on the Punishment, etc. of Stalking Crimes,’ commonly known as the 🔗Act on Punishment of Crime of Stalking.
Under the Act on Punishment of Crime of Stalking, five elements must be met for a stalking crime to be committed.
The five elements required for a stalking crime to be committed are as follows.
②Without a legitimate reason
③A specific act of stalking
④Causing anxiety or fear in the other party
⑤Continuous or repeated
If the act is found to have been committed and a stalking crime is established, the person may be punished by imprisonment for not more than three years or a fine of not more than 30 million won, so caution is needed.
If you are facing stalking charges, whether the elements required for a stalking crime to be committed apply becomes the issue, so seeking advice from an attorney experienced in this area to gather evidence and make legal arguments to contest this is important.
3. The Seocho Criminal Attorney's Assistance to the Client
The Seocho criminal attorney carefully gathered case materials, such as the conversations between the client and the victim and CCTV footage, and mounted a defense to avoid punishment.
The Seocho Criminal Attorney's Assistance | The Victim's Contact
Even after saying they would break up, the victim did not clearly express any intent to refuse, instead contacting the client first or saying the victim wanted the client to make contact first.
The Seocho criminal attorney argued that, because the victim's conduct could not be regarded as expressing an intent to refuse, a stalking crime was not committed.
The Seocho Criminal Attorney's Assistance | There Was No Fear or Anxiety
When the client contacted or visited the victim, text records showed that the victim, rather than appearing fearful, responded more actively by conversing or by indicating the victim had been waiting.
The Seocho criminal attorney argued that, because the victim did not feel fear or anxiety as a result of the client's contact, the offense was not committed.
4. The Result of the Seocho Criminal Attorney's Assistance
The court accepted the Seocho criminal attorney's arguments and rendered a not-guilty verdict, finding there was no evidence to support the charge against the client.
This was a case in which the client, who had been unfairly subjected to a criminal complaint on stalking charges and faced the prospect of punishment, was defended and acquitted.
For stalking crimes, the legal interpretation of the requirement that there be ‘continuous or repeated’ stalking conduct, one of the elements for the offense, remains unsettled, so an appropriate strategy tailored to each case is critical.
At Daeryun, attorneys experienced in this area carefully examine recent precedents on stalking crimes and provide clients with tailored responses.
If you are concerned about a similar issue, please seek help through an 🔗attorney referral.
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.
