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I would like to obtain a finding of no charge in a stalking crime case

Would it be possible to obtain a finding of no charge for a stalking crime? I am being accused of being the perpetrator of stalking. This matter concerns my ex-girlfriend. In truth, part of it was that I went to see her simply to talk. There are aspects that feel unfair, so I wonder whether a finding of no charge for the stalking crime might be possible. If anyone knows an attorney with much experience in handling and resolving such cases well, I would appreciate a reply.

stalking crime

Answer to Related Inquiry

Author: 박동일

Hello. This is Daeryun Law LLC.

If, despite the other party's refusal or expression of rejection, a person makes dozens of calls or text messages, or secretly goes to and waits at the residence where the person's safety should be guaranteed, a stalking crime is established.

In the case of an ordinary stalking crime, imprisonment for not more than three years or a fine not exceeding 30 million won is imposed, and even if a settlement is reached, where there appears to be no sign of remorse or the matter is deemed serious, you may receive the full sentence.

Therefore, you should carefully decide whether to admit the charge, and work out the optimal response strategy and measures together with an attorney.

If you wish to contest the matter and seek a finding of no charge, in order to assert your innocence and that the accusation is false, it is most important to establish the point that your conduct does not satisfy the elements of a stalking crime.

For asserting these points, it is important to receive the assistance of an attorney specializing in this area. Preparing evidence to support a finding of no charge and preparing specific and consistent statements will determine the direction of the case.

In addition, it is advisable to actively assert that there was no intent with respect to the stalking crime, and to present evidence such as CCTV footage or KakaoTalk records that can explain the circumstances at the time.

If the case is at the investigation stage, it is advisable, through the assistance of a criminal attorney, to bring the case to a swift conclusion at the investigation stage through a non-referral, a non-prosecution, or a suspension of indictment.

Also, if you are in the position of the accused, you can bring the case to a swift conclusion only by promptly finding sentencing materials suited to your situation, so if you wish to assert a finding of no charge for the stalking crime, you may wish to promptly obtain the assistance of an attorney specializing in this area.