CONTENTS
- 1. How the Client Came to Seek a Stalking Specialist Lawyer
- 2. Stalking Explained by a Stalking Specialist Lawyer
- - The Level of Punishment for Stalking
- 3. The Stalking Specialist Lawyer's Assistance in Defending Against the Client's Punishment
- - Stalking Lawyer's Assistance 1. Arguing That the Client's Conduct Is Not Stalking
- - Stalking Lawyer's Assistance 2. Submitting the Record of Conversations With the Victim as Evidence
- 4. Result of the Stalking Specialist Lawyer's Assistance: “Non-referral”
- - If You Are Involved in Stalking
1. How the Client Came to Seek a Stalking Specialist Lawyer
The client who came to the stalking attorney had broken up after learning that the partner with whom he was living had been unfaithful.
After the breakup, having some belongings he had not yet retrieved, he contacted his former partner in order to stop by her home.
However, because she did not answer his calls, he went to the home, and while leaving after gathering his belongings, he also left a note wishing her well.
After finding this note, the former partner reported the client to the police on a charge of stalking.
The client, facing an investigation by an investigative agency for the first time in his life, requested assistance from the firm's stalking attorney.
2. Stalking Explained by a Stalking Specialist Lawyer
The stalking attorney closely reviewed the stalking offense in order to defend the client against punishment.
What stalking is
A stalking offense is a crime specified in the Act on Punishment of Crime of Stalking, enacted in 2021, and refers to a stalking act that, against the will of the other party and without justifiable reason, causes anxiety or fear to the other party or that person's family.
The acts recognized as stalking are as follows.
① Approaching or following the other party or that person's family, or blocking their path ② Waiting for or watching the other party at a place where they ordinarily live their daily life (home, workplace, school, etc.) ③ Sending text, words, photographs, videos, etc. using letters, telephone, the internet, messengers, etc. ④ Sending objects directly or through a third party, or secretly placing them near the other party's home ⑤ Breaking or damaging objects located at or around the other party's residence ⑥ Spreading the other party's personal information or location information through the internet, etc. ⑦ Using the other party's name, photograph, or video to disguise or impersonate oneself as the other party |
The Level of Punishment for Stalking
The 🔗Act on Punishment of Crime of Stalking provides for the following levels of punishment.
| Where a stalking offense is committed | Imprisonment for not more than 3 years or a fine not exceeding 30 million won |
| Where a stalking offense is committed using a deadly weapon or dangerous object | Imprisonment for not more than 5 years or a fine not exceeding 50 million won |
3. The Stalking Specialist Lawyer's Assistance in Defending Against the Client's Punishment
The specialized stalking attorney, in order to prevent the client's punishment, organized the conversations, text messages, recordings, call records, and all materials related to the case and proceeded with a strategy to assist in defending against the punishment.
Stalking Lawyer's Assistance 1. Arguing That the Client's Conduct Is Not Stalking
The stalking attorney argued that the note the client left when visiting the victim's home was nothing more than a memo written on the back of a letter that the victim had given to the client, returned together with that letter.
In addition, the attorney strongly argued that the client visited the victim's residence only once after breaking up with the victim, and that without continuity and repetition, it cannot rise to the level of a stalking crime.
Stalking Lawyer's Assistance 2. Submitting the Record of Conversations With the Victim as Evidence
The stalking attorney submitted records of the conversations the client and the victim had exchanged as evidence.
The client, angered by the fact that the victim had cheated, immediately blocked them on social media after learning of it, but had once unblocked them upon seeing the victim sincerely repent.
However, when the victim lied again, the client blocked all means of contact with the victim and did not communicate with them.
The stalking attorney submitted records of the social media conversations containing the above facts as evidence, and argued that the client had not committed any stalking crime.
4. Result of the Stalking Specialist Lawyer's Assistance: “Non-referral”
As a result of the stalking specialist attorney's assistance, the police issued a non-referral decision for the client due to insufficient evidence.
The client, who had been frightened by the police investigation and the risk of punishment he was experiencing for the first time in his life, expressed his sincere gratitude.
If You Are Involved in Stalking
In this case, the client was subjected to a complaint for a stalking crime and faced the risk of punishment, but it was established that continuity and repetition, which are elements of a stalking crime, were absent, and a non-referral decision was obtained.
Recently, cases in which stalking crimes lead to murder have been increasing, so the level of punishment is also being strengthened.
Therefore, if you become involved in a stalking crime, it is important to respond to the case with the assistance of a specialized attorney.
At this firm, a stalking attorney who has experienced numerous stalking crime cases provides client-tailored defense strategies and responds promptly.
If you become involved in a stalking crime, please respond to the case through a 🔗Criminal Attorney Legal Consultation Reservation.
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.
