CONTENTS
- 1. A Client Implicated in a Stalking Case
- 2. The Level of Punishment for Stalking
- 3. Assistance in Defending Against Punishment for the Stalking Client
- - 1. The Client Is Sincerely Remorseful
- - 2. Submission of Letters of Appeal from People Close to the Client
- 4. Assisting a Stalking Client, Suspension of Indictment Disposition
1. A Client Implicated in a Stalking Case
This is the story of a client who faced the risk of punishment for a stalking offense.
The client, who requested a consultation with this firm, had left approximately several hundred phone calls and text messages to his former girlfriend, and had directly visited the victim's workplace asking to meet, among other acts, and was reported by his former girlfriend for stalking.
The client had already been subjected to a provisional measure by the victim on one occasion, and as a prospective applicant for public-service employment, the client requested that no criminal record remain so that there would be no obstacle to future employment.
2. The Level of Punishment for Stalking
Let us examine the level of punishment for the crime of stalking, the charge faced by the client who was at risk of punishment for the crime of stalking.
The Act on Punishment of Crime of Stalking was first enacted and took effect in 2021, and examples recognized as stalking acts are as follows.
▶Following the other party and blocking their way
1. Personal information 2. Personal location information 3. Information that edits, combines, or processes the information in 1 or 2 above (limited to cases where the relevant information subject can be identified)
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Before the Act on Punishment of Crime of Stalking was enacted and took effect in 2021, stalking was classified merely as persistent harassment under the Minor Offenses Act, unless it escalated into a serious crime such as assault or murder.
Stalking, which had carried relatively minor punishment limited to a fine of up to 100,000 won, detention, or a minor fine, became subject to stronger punishment after the "Act on Punishment of Crime of Stalking" took effect.
| Where a person commits the crime of stalking | Imprisonment for up to 3 years or a fine of up to 30 million won |
| Where a person commits the crime of stalking while carrying or using a deadly weapon or other dangerous object | Imprisonment for up to 5 years or a fine of up to 50 million won |
In addition, where a person who has committed the crime of stalking receives a guilty verdict (excluding suspension of sentencing) from the court or is served a summary order, they are concurrently subject to an order to attend a course, an order to complete a program, or a similar order, such as a course attendance order or an order to complete a stalking treatment program necessary to prevent recidivism, within a limit of 200 hours.
In addition, where there is a concern that the crime of stalking may recur, a provisional measure may be requested of the court upon the application of a judicial police officer.
Accordingly, where the court finds it necessary for the smooth investigation or hearing of the crime of stalking or for the protection of the victim, it may, by decision, impose on the person committing the stalking acts any of the following provisional measures, and it is also possible to impose each provisional measure concurrently.
In the client's case, despite already being subject to a provisional measure, he failed to comply with it and was at risk of being subject to imprisonment for up to 2 years or a fine of up to 20 million won.
3. Assistance in Defending Against Punishment for the Stalking Client
To defend the client accused of stalking against punishment, the attorney pleaded on the following issues.
1. The Client Is Sincerely Remorseful
The attorney argued that, as this was the client's first relationship, he had treated the victim with sincerity throughout their time together, giving gifts and trying to spend happy times together.
The attorney also argued that, because the two had repeatedly met and broken up over a long period, the client did not take the victim's notice of breakup very seriously, expecting that they would reconcile this time as well, and that he therefore sent hundreds of text messages and made phone calls without realizing that they would come across as hurtful to the victim.
The attorney argued, however, that the client's actions, done with such innocent intent, came across as hurtful to the victim, that he is genuinely sorry, and that he has fallen into deep self-reproach and is sincerely reflecting on his mistake.
2. Submission of Letters of Appeal from People Close to the Client
The attorney argued that, in addition, the client had no social experience and, due to a mental illness, was significantly lacking in social skills, and was unable to properly recognize the seriousness of the situation until receiving the notice of provisional measures.
The attorney earnestly requested leniency, taking into account that the client, upon being investigated regarding that part afterward, is sincerely reflecting and apologizing.
In addition, the attorney requested leniency on the grounds of the client's letter of reflection, the submission of a petition from the client's friends seeking leniency, and the fact that the victim does not seek punishment of the client.
4. Assisting a Stalking Client, Suspension of Indictment Disposition
Assisting the client charged with a stalking offense, the firm made the following arguments, and the prosecution, accepting these arguments and the fact that the client was a first-time offender, among other points, issued a suspension of indictment disposition and concluded the case.
Stalking offenses have been increasing recently, and punishment has accordingly been strengthened further.
It is a crime that may cause serious psychological harm to the other party even where there was no intent to harass.
If you have been the subject of a complaint on a stalking charge, it is advisable to pursue a prompt conclusion of the case through legal assistance from a specialist attorney, including a review of whether the crime is established, the establishment of a defense strategy against punishment, and the identification of mitigating factors, thereby receiving case-tailored legal services.
This firm's criminal law specialist attorneys, with an average of 10 or more years of experience, establish defense strategies and provide legal assistance suited to the client's case.
If you need assistance, please request assistance from this firm's 🔗criminal law specialist attorney.
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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