Case of Violation of the Act on Punishment of Crime of Stalking | Non-Referral for a Client Charged with Stalking

The client had been suffering harm continuously for several years due to inter-floor noise.

The client subsequently cautioned the people in the upstairs unit about the inter-floor noise, but when the noise continued, they left a note on the front door.

The people in the upstairs unit, however, reported this as stalking, and the client received notice to come to the police station for an investigation.

The client therefore sought out a specialist attorney who had handled numerous related cases in order to defend against the case of violation of the Act on Punishment of Crime of Stalking.

In the case of the client who requested a consultation on a charge of violating the Act on Punishment of Crime of Stalking, the attorney specializing in criminal cases identified the following issues.

The client had long suffered harm from interfloor noise, and as a result was experiencing such extreme stress that they were receiving psychiatric treatment.

Despite this, the client was instead reported for a violation of the Act on Punishment of Crime of Stalking.

The attorney specializing in criminal cases therefore devised the following strategy so that the client could obtain a decision of non-referral.

The client suffered severe mental distress due to repeated inter-floor noise from the resident upstairs.

The client requested on several occasions that the conduct be stopped, but the other party took offense at this and exhibited threatening words and behavior.

The criminal law attorney obtained, through the building management office, a record of the complaints raised and a copy of the warning notice.

In addition, the attorney submitted as evidence the CCTV footage that had captured the situation at the time, together with a medical certificate and treatment records showing that the client was undergoing psychiatric treatment for anxiety disorder and insomnia caused by it.

The client had experienced conflict with the upstairs neighbor over inter-floor noise for a long period, and, wishing to improve the relationship, attached a note to the front door on one occasion.

The criminal law attorney closely examined the content of the note and confirmed that the wording was neither threatening nor repetitive, and was simply intended to resolve the conflict amicably.

In addition, the attorney organized the point that there was no fact of the client having repeatedly acted in disregard of a situation in which the upstairs neighbor had clearly expressed refusal, and emphasized that the crime under the Act on Punishment of Crime of Stalking was not established.

Although the client in the case above was in fact a victim suffering from inter-floor noise, the client was reported on suspicion of violating the Act on Punishment of Crime of Stalking and faced considerable difficulty, but through the systematic assistance and prompt response of the criminal law specialist attorney, a non-referral decision was ultimately obtained.

In a case involving a violation of the Act on Punishment of Crime of Stalking, it is very important to examine the client's situation and the facts closely, and obtaining the assistance of a specialist attorney is advisable.

At this firm, a criminal law specialist attorney who has handled many cases related to the Act on Punishment of Crime of Stalking conducts the consultation with the client in person and establishes a response strategy suited to the characteristics of the case.

In addition, in cooperation with an in-house evidence investigation center, relevant evidence such as CCTV footage, call records, and text messages is thoroughly collected and analyzed.

If you are facing difficulty after becoming involved in a case under the Act on Punishment of Crime of Stalking, please feel free to 🔗schedule a legal consultation to obtain the assistance of a specialist attorney.