CONTENTS
- 1. A Client Implicated in a Stalking Charge
- - How the Client Came to Be Charged With Stalking
- 2. What Is the Level of Punishment for Stalking?
- - What Is Stalking Conduct?
- - What Is the Level of Punishment for Stalking?
- 3. Assistance to Defend Against Punishment for Stalking
- - Stalking Attorney's Argument 1: The Content of the Contact
- - Stalking Attorney's Argument 2: The Likelihood of Reoffending
- - Stalking Attorney's Argument 3: Deep Remorse
- 4. Result of the Stalking Case: “Non-Referral”
- - If You Are Implicated in a Stalking Charge
1. A Client Implicated in a Stalking Charge
The client, who was at risk of receiving criminal punishment on suspicion of a stalking offense, was able to conclude the case with a non-referral decision through the assistance of an attorney with extensive experience in stalking cases.
How the Client Came to Be Charged With Stalking
The client, who is charged with the crime of stalking, broke up with his girlfriend A a few months ago.
The client clung to her at first, but after A refused contact, he did not contact her.
However, now that several months have passed, A reported the client on stalking charges.
The client needed a prompt resolution of the case because he was about to start at a new company.
Facing the risk of criminal punishment for the crime of stalking, the client requested assistance from a stalking attorney.
2. What Is the Level of Punishment for Stalking?
As in the account of the client who came to be suspected of stalking, caution is needed because, even if the conduct was unintended, one may be punished for stalking if it caused fear in the other party.
The conduct and level of punishment for stalking as defined by law are as follows.
What Is Stalking Conduct?
Stalking acts are specified in the Act on Punishment of Crime of Stalking.
A stalking act means causing anxiety or fear to the other party or his or her family, against the other party's will and without justifiable reason.
The representative acts of such stalking are as follows.
② Waiting for or watching the other party at places where they ordinarily conduct daily life (home, workplace, school, etc.)
③ Sending or showing text, words, photographs, videos, etc. by means of mail, telephone, the internet, messengers, and the like
④ Sending objects directly or through a third party, or leaving them near the other party's home
⑤ Damaging objects located near the other party's home
⑥ Spreading the other party's personal information or location information through the internet or the like
⑦ Impersonating the other party through the internet
What Is the Level of Punishment for Stalking?
The penalty levels for stalking are as follows.
| A person who has committed a stalking offense | Imprisonment for up to 3 years or a fine of up to 30 million won |
| A person who has committed a stalking offense using a deadly weapon | Imprisonment for up to 5 years or a fine of up to 50 million won |
3. Assistance to Defend Against Punishment for Stalking
To assist the client who came to be suspected of stalking, the stalking attorney promptly reviewed the case.
The attorney also analyzed relevant precedents and laws to establish a strategy to defend against the client's punishment and assisted the client.
Stalking Attorney's Argument 1: The Content of the Contact
It is true that the client contacted the victim even after breaking up with her, but this was simply a greeting to check on her well-being.
In addition, after the victim refused contact, he made no contact whatsoever.
Accordingly, it was argued that the client's contact was not of a nature that could create a sense of fear, and that this, too, did not occur after he recognized the victim's intent to refuse.
Stalking Attorney's Argument 2: The Likelihood of Reoffending
The client was soon scheduled to join a new company located in another region.
As a result, the possibility of contact with the victim would also naturally disappear.
The attorney therefore emphasized that the likelihood of the client reoffending was markedly low.
Stalking Attorney's Argument 3: Deep Remorse
The client stated that, although he had no intention of creating fear in A, he wished to apologize if A felt displeasure due to the contact.
The client also reflected on his conduct and pledged not to contact A in the future.
On this basis, it was emphasized that the client was sufficiently reflecting on his conduct and had conveyed an intention to apologize to the victim.
4. Result of the Stalking Case: “Non-Referral”
As a result of the stalking attorney's assistance to the client who was charged with a stalking offense, the police issued a non-referral decision, finding insufficient evidence and no suspicion of crime.
The client conveyed deep gratitude, stating that, thanks to the stalking attorney's prompt assistance, he was able to be cleared of the stalking charge.
If You Are Implicated in a Stalking Charge
This was the story of a client who was nearly subject to criminal punishment after becoming involved in an allegation of a stalking crime, but was able to receive a non-referral decision thanks to the assistance of a stalking attorney.
As this shows, with the enforcement of the Act on Punishment of Crime of Stalking, stalking crimes are now punished more severely than before.
Therefore, if you come to be accused of stalking, it is advisable to establish a strategy to defend against punishment through a prompt response.
At Daeryun Law Firm, after accurately grasping the client's case from the consultation stage, a suitable attorney who has handled numerous related cases takes charge of the case and assists the client swiftly.
If you come to be accused of a stalking crime, as in the client's story, please establish a strategy to defend against punishment swiftly 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.
