Stalking Case Defense Against Punishment | Suspended Sentence for a Client Who Violated an Emergency Measure

The client acknowledged having misunderstood that, given the friendly relationship maintained during a period of dating the victim in the past, the refusal of contact after the breakup might be a temporary feeling.

Because there were expressions that could be received as contradictory depending on the circumstances, the client explained that this arose from an error in misinterpreting the victim's true intentions.

Ultimately, the client deeply regrets that the conduct was assessed as a stalking case and is demonstrating a sincere attitude to ensure that the same situation is not repeated.

Even in a situation where the victim refused to provide contact information, the client prepared a criminal deposit of approximately 10 million won in order to recover the harm.

As a means of substantively demonstrating the willingness to recover the harm in a situation where a direct settlement was difficult, this was received by the court as a sincere attitude.

The client was the head of household responsible for the family's livelihood and the representative of a business with dozens of employees, and in the event of long-term detention, both the family's livelihood and the operation of the business could be placed in jeopardy.

The criminal law specialist attorney organized and submitted these practical harms in concrete terms, and the point that the harm to others caused by the defendant's absence would be severe served as an important sentencing factor that led to leniency in the stalking case.

Representative Conduct Assessed as a Stalking Case

Even if it is a mere expression of emotion or a sign of interest, a stalking case may be legally regarded as a crime if it continues or is repeated despite the victim's explicit refusal.

The following conduct constitutes acts prohibited under the Act on Punishment of Crime of Stalking.

∙ Following the other person's movements or blocking their path
∙ Lingering for an extended time near the victim's residence, workplace, or school, or conducting surveillance
∙ Repeated non-face-to-face contact by telephone, text message, social media, and the like
∙ Continuously delivering gifts or other items, or leaving them around the victim's home
∙ Disseminating the victim's personal information, damaging property, impersonation, and threatening conduct

As this shows, where repetition and an element of inducing anxiety are recognized, even minor contact may be assessed as a stalking case.

Level of Legal Punishment Related to Stalking Cases

The 「Act on Punishment of Crime of Stalking」 prescribes the following criminal punishment for the perpetrator of a stalking case.

A stalking case can lead very quickly to serious criminal punishment, depending on the victim's report and the police's assessment.

If contact arising from an unintended misunderstanding or emotion has escalated into a stalking case, a strategic response is essential from the early stage of the case, including an accurate organization of the facts, preparation of sentencing materials, and cooperation with the investigation.

Daeryun Law Firm holds numerous defense cases in stalking matters and has extensive experience in obtaining suspended sentences and non-referral decisions.

If you have been implicated in a stalking case unfairly, please retain us with your case at any time through 🔗Legal Consultation Reservation.