CONTENTS
- 1. The Client Who Faced Punishment for Stalking
- - Background to the Involvement in the Stalking Crime
- 2. Conduct Subject to Stalking Punishment and the Level of Punishment
- - Level of Punishment
- 3. The Attorney's Assistance in Defending Against Stalking Punishment
- - The Criminal Attorney's Assistance (1): Distinguishing Intent From the Facts
- - The Criminal Attorney's Assistance (2): Proving Reflection and Efforts to Prevent Recurrence
- - Assistance of a Criminal Defense Attorney (3): An Amicable Settlement With the Victim
- 4. Successful Defense Against Stalker Punishment, Case Concluded With a Suspension of Indictment for Stalking
- - Key Points for Responding to a Violation of the Act on Punishment of Crime of Stalking
1. The Client Who Faced Punishment for Stalking
This is a case in which the client, who faced punishment for stalking, was able to defend against punishment by receiving a stalking suspension of indictment, thanks to the prompt assistance of a criminal law attorney.
Background to the Involvement in the Stalking Crime
The issue in this case arose because the client had repeatedly sent messages and gifts to the victim, with whom he had a senior-junior relationship while attending university.
In addition, at a certain point his route overlapped with the victim's, and he was mistakenly understood to have followed her, which, following the victim's report, ultimately resulted in his becoming a suspect for violation of the Act on Punishment of Crime of Stalking.
The Conduct at Issue
▷ Sending gift vouchers via the gift function
▷ A misunderstanding arising from sharing a route with the victim on campus
While acknowledging that his attempts to make contact and his manner of expression had been wrong, the client felt aggrieved that he had not intentionally followed the victim, and requested a consultation with a criminal law attorney experienced in defending against stalking punishment.
2. Conduct Subject to Stalking Punishment and the Level of Punishment
Conduct subject to stalking punishment, a "stalking act," is defined as conduct that repeatedly causes anxiety or fear against the will of the other party.
∙ Waiting for or watching the victim near the victim's home, school, or workplace
∙ Repeatedly making unwanted contact through text messages, telephone calls, SNS messages, online gifts, and the like
∙ Sending objects to the victim or leaving them near the victim's residence
∙ Damaging objects related to the victim or disseminating the victim's personal information
∙ Engaging in online activity while impersonating the victim
In this way, the law broadly treats various types of conduct that may infringe upon the victim's daily life and safety as stalking.
In particular, even with one or two mistakes, if the conduct is repeated despite the victim's clear expression of refusal, it may become subject to punishment as a stalking crime.
Level of Punishment
If conduct is found to constitute a stalking crime, the following punishment may be imposed under the Act on Punishment of Crime of Stalking.
Article 18 of the Act on Punishment of Crime of Stalking | Level of Punishment |
A person who has committed a stalking crime | Imprisonment with labor for not more than 3 years or a fine not exceeding KRW 30 million |
A person who has committed a stalking crime while carrying or using a deadly weapon or dangerous object | Imprisonment with labor for not more than 5 years or a fine not exceeding KRW 50 million |
Accordingly, even a mere expression of interest may lead to criminal punishment if it is repeated after the other party has indicated an intention to refuse, so caution is required.
3. The Attorney's Assistance in Defending Against Stalking Punishment
For the client who requested a defense against stalking punishment, the criminal law attorney reviewed the case and then developed the following defense strategy.
The Criminal Attorney's Assistance (1): Distinguishing Intent From the Facts
The prosecution considered that the client had intentionally tracked the victim; however, the criminal law attorney argued that their routes had simply overlapped.
In addition, because the victim was in the company of her boyfriend, the attorney explained that, in such a situation, the client had no intent to deliberately follow the victim.
The Criminal Attorney's Assistance (2): Proving Reflection and Efforts to Prevent Recurrence
The client acknowledged his wrongdoing and showed an attitude of deep reflection.
In addition, the criminal law attorney demonstrated that the client was receiving hospital treatment due to symptoms of psychological anxiety, and provided assistance as follows.
▷ Proof of psychiatric treatment and medication history
▷ A plan to take a leave of absence from studies and to suspend social activities
Assistance of a Criminal Defense Attorney (3): An Amicable Settlement With the Victim
The most important factor in defending against the stalker's punishment was reaching a settlement with the victim.
Accordingly, the criminal defense attorney supported the client in reaching an amicable settlement under certain conditions, and ultimately obtained the victim's expression of a wish not to punish the client.
Thereafter, the attorney submitted the settlement agreement and the statement of no wish to punish, and requested the greatest possible leniency for the client.
4. Successful Defense Against Stalker Punishment, Case Concluded With a Suspension of Indictment for Stalking
After comprehensively considering the criminal defense attorney's written opinion and the evidence submitted for the defense against the stalker's punishment, the prosecution issued a suspension of indictment for stalking on the condition that the client complete stalking-crime recidivism prevention education.
▷ An amicable settlement was reached with the victim, and a wish not to punish existed
▷ The client showed remorse and made treatment efforts, with a low likelihood of recurrence
In the end, the client was able to avoid criminal punishment and conclude the matter amicably.
Key Points for Responding to a Violation of the Act on Punishment of Crime of Stalking
In cases of violation of the Act on Punishment of Crime of Stalking, the victim's anxiety or fear, the repetitiveness of the conduct, the presence of intent, and whether a subsequent settlement was reached are given significant consideration.
At Daeryun Law Firm, through a dedicated consultation attorney system, we closely analyze the client's situation and circumstances, and assign an attorney dedicated to the case to establish a client-tailored case strategy.
In addition, we identify the mitigating circumstances that may be asserted in the client's situation, and actively assist in protecting the client's rights and concluding the matter amicably.
If you are facing a charge of violating the Act on Punishment of Crime of Stalking and need assistance, please feel free at any time to 🔗book a legal consultation to entrust your case to us.
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This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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