CONTENTS
- 1. A Client Who Sought Out the Criminal Case Attorney
- - A Client Booked for Stalking
- 2. Stalking Explained by the Criminal Case Attorney
- - The Elements of Stalking
- - The Sentence for Stalking
- 3. The Criminal Case Attorney's Case Response Strategy
- - Criminal Case Attorney Assistance 1: Argument That the Client Is Deeply Remorseful
- - Criminal Case Attorney Assistance 2: Argument That the Client Reached a Settlement With the Victim
- 4. Result of the Criminal Case Attorney's Assistance: “Fine”
- - If You Need Assistance With a Stalking Case
1. A Client Who Sought Out the Criminal Case Attorney
This is a case in which the client who sought out a criminal case attorney was booked for a criminal case involving stalking and faced the risk of a severe sentence, but with the assistance of a specialist attorney received a relatively light fine.
A Client Booked for Stalking
The account of the client who came to a criminal case attorney to request assistance is as follows.
The client was given notice of a breakup following an argument with his girlfriend, Ms. A.
However, the client could not accept this, and repeatedly engaged in conduct such as going to Ms. A's home and waiting for or watching her.
In addition, after having Ms. A come out in front of her home, he confined her in a vehicle and committed an indecent act by compulsion.
Ultimately, the client faced the risk of receiving a heavy sentence on suspicion of committing multiple offenses, including stalking.
🔗Act on Punishment of Crime of Stalking The client came to a criminal case attorney to reduce the sentence as much as possible through the assistance of a specialist attorney with a deep understanding of it.
2. Stalking Explained by the Criminal Case Attorney
The client, who was booked for stalking and 🔗forcible indecent act (sexual molestation), sought out a criminal case attorney in order to reduce the sentence as much as possible.
Let us take a detailed look at the elements and level of punishment for stalking.
The Elements of Stalking
The requirements for the establishment of stalking are as follows.
1. The act must be against the other party's will
Stalking refers to an act that, against the other party's will and without justifiable reason, causes the other party anxiety or fear.
Accordingly, whether the other party expressed an intention to refuse is also an important element of the establishment of this crime.
2. There must be a specific act of stalking
This crime is established only when there is a specific act of stalking.
Examples of acts of stalking are as follows.
Following the other party or blocking their path |
Waiting at places where the other party ordinarily goes about daily life |
Causing text, images, or the like to reach the other party through an information and communications network |
Placing objects at or near the other party's residence or the like |
Damaging objects placed at or near the other party's residence or the like |
The Sentence for Stalking
If the requirements for establishment set out above are met, a stalking offense is established and may be punished.
A person who commits an act of stalking is subject to imprisonment for not more than three years, or a fine of not more than 30 million won.
If a person commits this offense using a dangerous object, that person is subject to imprisonment for not more than five years, or a fine of not more than 50 million won.
※ Forcible indecent act: imprisonment for not more than ten years, or a fine of not more than 15 million won
※ Unlawful confinement: imprisonment for not more than five years, or a fine of not more than 7 million won
3. The Criminal Case Attorney's Case Response Strategy
The criminal case attorney established a thorough strategy centered on circumstances favorable to the client.
Arguing the following points, the attorney earnestly requested leniency for the client.
Criminal Case Attorney Assistance 1: Argument That the Client Is Deeply Remorseful
The client realizes how greatly the client hurt the victim and is deeply reflecting on it.
Since this incident, the client has not contacted or visited the victim and has put aside all feelings toward the victim.
The attorney emphasized that the client is resolved to cause no harm whatsoever to the victim and to live as a diligent member of society.
Criminal Case Attorney Assistance 2: Argument That the Client Reached a Settlement With the Victim
The client, who had a strong desire to restore the harm suffered by the victim, attempted a settlement with the assistance of the criminal case attorney.
The client conveyed a sincere apology to the victim and paid settlement money.
It was emphasized that the victim had thereupon expressed an intention not to wish for the client to be punished.
4. Result of the Criminal Case Attorney's Assistance: “Fine”
The court, accepting the criminal case attorney's argument, sentenced the client to a relatively minor fine.
The client, who concluded the case with a fine, expressed deep gratitude to the specialist attorney.
If You Need Assistance With a Stalking Case
Because stalking requires a comprehensive consideration of various case circumstances and factors, precise legal analysis and interpretation are required.
Daeryun's 🔗criminal attorneys, based on deep insight into stalking cases, collaborate with experts in related fields to establish tailored strategies.
Throughout the entire course of the case, they provide systematic legal services while concurrently maintaining ongoing assessment of the situation and analysis of legal risks.
If you need the assistance of a specialist attorney in a situation similar to the case above, please entrust your case through a 🔗legal consultation appointment.
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.
