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Q

I am being cyberstalked and I am terrified that the person may come to find me

Legal IntellectualViews4,185

I have never actually met this person in person, so I have described it as cyberstalking.. A few years ago, I met this person online while playing a game and became close, but the person seemed somewhat strange, so I have been keeping my distance. However, the person kept following me on Instagram, and now, having somehow found my KakaoTalk, keeps messaging me and even sends emails. Even though I have been leaving the messages unread, the person keeps sending them one-sidedly, and it has already been about one year and six months. Yesterday, the person sent a message asking whether a certain address was my home address, and although it was incorrect, it was in fact in my neighborhood... I am terrified that the person might come to find me in person, and the person even appears in my dreams. The person also knows my face, so what should I do if the person actually comes to find me? Since the person has not come in person yet, I am not sure whether I may report this to the police, so I am seeking your advice as an attorney.

Cyberstalking

A

Answer to Related Inquiry

Hello. You have inquired about a situation of ongoing cyberstalking.

If you have been continuously cyberstalked online over the course of a year and a half, and the other party is even threatening to actually come to find you, this is assessed to be a considerably dangerous situation.

Cyberstalking applies where continuous and repeated harassment, threats, and acts that induce fear are combined, and depending on the specific circumstances, it may constitute the crime of stalking under the Act on Punishment of Crime of Stalking, criminal threat under the Criminal Act, or online defamation or the distribution of unlawful information under the Network Act (Information and Communications Network Act).

In particular, if the perpetrator continues to harass the victim while disregarding the victim's expressed refusal, the crime is established, and the perpetrator may be punished under the Act on Punishment of Crime of Stalking.

However, based on the details you have provided, it appears that you have not clearly expressed your refusal.

In order to prove stalking, I recommend that you clearly express your refusal and also keep a record of it.

As the most urgent measure at present, it appears necessary to explain the situation through a police report or the cybercrime reporting system and to request a temporary restraining order and protective measures.

In addition, in order to prove cyberstalking with the assistance of a professional, you should gather materials such as text messages, social media messages, emails, and screenshots of the following history, and it is advisable to keep all available materials and to avoid direct contact with the other party.

If you are in a psychologically anxious state, one option may be to first ensure your safety through a security escort service and then proceed with legal procedures in a more stable condition.

Daeryun can support personal protection and the securing of your safety, depending on the situation, through its partner security center.

Given the nature of stalking crimes, the situation often worsens over time, so I recommend that you consult with an attorney as soon as possible to prepare a response.

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