CONTENTS
- 1. The Client Subject to a Stalker Complaint
- - How the Client Came to Face a Stalking Charge
- 2. Stalker Complaint: What Is the Case-Related Information?
- - Stalking: What Are the Representative Acts?
- - Stalking: What Is the Level of Punishment?
- 3. Assistance Provided to Defend Against a Stalker Complaint
- - Stalking Lawyer's Argument | 1. Settlement With the Victim
- - Stalking Lawyer's Argument | 2. The Harm Was Not Severe
- - Stalking Lawyer's Argument | 3. The Likelihood of Recidivism
- 4. Result of Assistance for the Client Subject to a Stalker Complaint: “Suspension of Indictment”
- - If You Are Involved in a Stalking Charge
1. The Client Subject to a Stalker Complaint
The client, against whom a complaint for stalking was filed, was at risk of punishment after being accused of stalking by his former girlfriend, but through the assistance of an attorney who had handled many stalking cases, received a non-prosecution decision.
How the Client Came to Face a Stalking Charge
The client who was the subject of a stalking complaint was recently notified of a breakup by a girlfriend.
However, the client, who still had lingering feelings, ended up contacting the girlfriend continuously.
Accordingly, the client's former girlfriend reported the client for stalking.
Facing the prospect of criminal punishment due to the stalking complaint, the client came to a stalking attorney to defend against punishment and requested assistance with responding to the complaint.
2. Stalker Complaint: What Is the Case-Related Information?
As in the case of the client who was the subject of a stalker complaint, if a person commits acts that cause fear against another's will, the person may be implicated in charges of a stalking crime.
Stalking: What Are the Representative Acts?
ㆍWaiting for or watching the other party at or near their residence, workplace, school, or other place where they ordinarily live
ㆍCausing objects, writings, words, sounds, pictures, images, or visuals to reach or appear to the other party by using mail, telephone, fax, or an information and communications network
ㆍCausing objects and the like to reach the other party directly or through a third party, or placing objects and the like at or near a place where they ordinarily live
ㆍDamaging objects and the like placed at or near a place where the other party ordinarily lives
ㆍProviding, distributing, or posting the other party's personal information and personal location information to a third party by using an information and communications network
ㆍImpersonating the other party as if oneself were that party by using information about their identity, such as their name, designation, photo, or image, through an information and communications network
Stalking: What Is the Level of Punishment?
Stalking is punished in accordance with Article 18 of the Act on Punishment of Crime of Stalking.
▶ Where a person commits a stalking offense
▶ Where a person commits a stalking offense while carrying or using a deadly weapon or dangerous object
3. Assistance Provided to Defend Against a Stalker Complaint
In order to defend against the punishment of the client, against whom a stalker complaint had been filed, the stalking attorney examined the client's case closely from multiple angles.
The attorney also formed a task force with attorneys who had handled numerous stalking cases and analyzed relevant precedents and statutes to establish a strategy for assisting the client.
Stalking Lawyer's Argument | 1. Settlement With the Victim
The stalking attorney completed a settlement with the victim and emphasized that the victim also did not desire punishment.
Following the attorney's advice, the client sincerely apologized to the victim and expressed an intention to settle.
Through this, the settlement succeeded, and the attorney was able to obtain the victim's statement of no desire for the client's punishment.
Stalking Lawyer's Argument | 2. The Harm Was Not Severe
The stalking attorney emphasized that the harm caused by the conduct of the client, who had been accused of being a stalker, was not serious.
By analyzing cases similar to the client's, the attorney was able to establish that the client's conduct was minor compared to other cases.
On this basis, the attorney was able to assert that the client's conduct did not cause significant harm compared to other cases and that the period of the offense was short.
Stalking Lawyer's Argument | 3. The Likelihood of Recidivism
The stalking attorney emphasized that the client's likelihood of reoffending was markedly low.
The client was generally well regarded at work and was also assessed as diligent among acquaintances.
On the basis that a client with such clear social ties has a low likelihood of reoffending, the attorney appealed for leniency for the client.
4. Result of Assistance for the Client Subject to a Stalker Complaint: “Suspension of Indictment”
As a result of assisting the client against whom a stalker complaint had been filed, the prosecution issued a suspension of indictment decision suspending the indictment of the client.
The client expressed deep gratitude, saying that with the assistance of the stalking attorney, the punishment arising from the stalker complaint could be avoided.
If You Are Involved in a Stalking Charge
This was the case of a client who was nearly subjected to criminal punishment after being accused of stalking, but was able to receive a suspension of indictment with the assistance of a stalking attorney.
As this shows, stalking conduct can lead to even more severe punishment with the enforcement of the Act on Punishment of Crime of Stalking.
Therefore, if you are implicated in a stalking offense charge, it is important to promptly establish a strategy to defend against punishment.
At Daeryun LLC, from the consultation stage, we promptly assess the client's case and assign the optimal attorney for each case to resolve the client's case quickly.
If you are facing criminal punishment due to a stalking accusation, we hope you will promptly establish a strategy to defend against punishment through a 🔗legal consultation appointment.
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