Act on Punishment of Crime of Stalking | Suspended Sentence for a Client Charged With Violation of the Act on Punishment of Crime of Stalking

The client, said to be at risk of an actual custodial sentence on a charge of violating the Act on Punishment of Crime of Stalking, asked the specialist attorney to defend against the custodial sentence.

The specialist attorney, in response to the client's request, first decided to examine the case, the contents of which were as follows.

The client first met the victim in this case at a bar, exchanged contact information, and the relationship developed into a romantic one.

The client and the victim maintained a close relationship while cohabiting for a short period, but one day the victim suddenly cut off contact, leaving only a message wanting to end the relationship with the client.

Unable to accept the breakup, the client continued to send messages to the victim and visited the victim's home.

One day, while lingering in front of the victim's home, the client tried entering the victim's birthday on the door lock out of curiosity, and the door opened.

The client then, through a momentary lapse in judgment, installed a recording device in the victim's home and left.

Afterward, for a week, the client could not even sleep out of fear that the recording device might be discovered, and with the intention to quickly retrieve the recording device, visited the victim's home, where the victim saw this and reported it, leading the client to be charged with a violation of the Act on Punishment of Crime of Stalking.

The client was investigated once by the police on charges of violating the Act on Punishment of Crime of Stalking and intrusion upon habitation, and at that time admitted the offense and confessed to having installed the recording device, also coming to face a charge of violating the Protection of Communications Secrets Act.

The client, showing extreme anxiety that an actual custodial sentence might be imposed, came to our firm, where one-stop response is possible through collaboration among experts related to the case.

🔗the Act on Punishment of Crime of Stalking is a statute that provides for matters such as the punishment of the crime of stalking, and stalking conduct refers to causing the other party anxiety or fear by carrying out the following acts against the other party's will and without justifiable reason.

The specialist attorney took the following steps for the client, who had violated the Act on Punishment of Crime of Stalking.

▶Accompaniment to the police investigation
Before the client's police investigation, the specialist attorney assisted the client through a prior simulation.

In addition, the attorney accompanied the client to the actual police investigation so that the client could give his statement in a stable state.

▶Provision of a guideline for the letter of apology and submission of the client's handwritten letter of apology
The specialist attorney provided a guideline for the letter of apology and submitted the client's handwritten letter of apology to help with sentencing.

▶Provision of a sample written pledge to prevent reoffending and submission of the client's written pledge
The specialist attorney provided a sample written pledge to prevent reoffending to help the client receive mitigation.

▶Proof of no likelihood of reoffending through submission of the client's certificate of employment
The specialist attorney submitted the client's certificate of employment and emphasized that the client was a faithful member of society, proving that there was no likelihood of reoffending.

▶Handling the settlement with the victim and submission of the settlement agreement and the statement of no desire for punishment
The specialist attorney handled the settlement with the victim and submitted the settlement agreement and the statement of no desire for punishment received to help with sentencing.

The specialist attorney also submitted a written opinion of defense counsel stating that the client would continue to receive psychological counseling through our firm's psychological counseling center and would make genuine efforts to prevent reoffending.

As a result, the client, who was charged with violation of the Act on Punishment of Crime of Stalking, violation of the Protection of Communications Secrets Act, and intrusion upon habitation, with the assistance of our firm's specialist attorney obtained a suspended sentence for stalking.

In a situation where the client faced multiple charges, an actual custodial sentence was expected to be unavoidable, but because the specialist attorney responded promptly to prepare sentencing materials and conduct the defense, an actual custodial sentence could be avoided.

The client expressed gratitude to Daeryun for protecting his daily life, stating that he would not reoffend and would live uprightly going forward.

If you face the risk of punishment in a situation like that of the client in this case, please proceed with a 🔗legal consultation reservation as soon as possible.