Deals & Cases
Stalking Case Defense Against Punishment | Suspended Sentence for a Client Who Violated an Emergency Measure
The client, who was reported for a stalking case, faced the added charge of violating an emergency measure, which raised the possibility of an actual custodial sentence. The client retained us to defend against punishment through a criminal law specialist attorney.
1. A Client Implicated in a Stalking Case
The client implicated in the stalking case received a warning of a “contact prohibition” from the police following a 112 report by the victim, with whom the client had been in a relationship for about a year.
Even afterward, however, the client engaged in conduct such as visiting the victim's workplace to receive treatment and waiting until the victim's quitting time, loitering around the victim's workplace and residence and sending messages on a total of four occasions.
During this process, an emergency measure was issued that included a prohibition on approaching within 100m and a prohibition on contact through telecommunications, and that measure had taken formal effect after receiving subsequent court approval.
Nevertheless, the defendant, while clearly aware of the content of these measures, repeated conduct such as sending the victim messages once again, and this became a key matter that could be assessed as a continuous and repeated stalking case against the victim's will.
The police judged this to be a serious offense and referred the case to prosecution. The client had to anticipate even the possibility of an actual custodial sentence, and the situation called for an urgent response.

2. Three Strategies for Assistance in the Stalking Case
In a situation where even an actual custodial sentence was feared in the stalking case, the client, through the assistance of a criminal law specialist attorney, was able to have a positive influence on the sentencing assessment by thoroughly submitting materials on remorse, recovery for the harm, and the practical hardship involved.
Sincere Remorse and Explanation of the Misunderstanding
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.
Willingness to Recover the Harm Through a Criminal Deposit
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.
Appeal Regarding the Practical Hardship of the Family and Employees
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.
Stalking Cases: When Are They Established, and What Punishment Applies?
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.
Basic Punishment
Aggravated Punishment |
3. Result of the Assistance in the Stalking Case: a “Suspended Sentence”
The client, who faced serious criminal charges of a stalking case and violation of an emergency measure, comprehensively submitted sincere remorse, a confession, a criminal deposit, and a family petition, together with the strategic assistance of a criminal law specialist attorney, and thereby guided the court's decision.
As a result, the client was able to escape the risk of an actual custodial term of imprisonment and obtain a suspended sentence, and is now preparing for a fresh start, having returned to everyday life with family and employees.
Have You Been Implicated in 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.

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
Violation of the Act on Punishment of Crime of Stalking: Want a faster, more detailed consultation?
Consult aspecialized attorney
Related Information
Explore legal information related to this case.
How to Apply for a Stalking Restraining Order and a Guide to Responding to a Violation of the Measure
Legal Measures to Confirm if You Have Suffered an Invasion of Privacy
If You Are Suspected of Punishable Cyberstalking, How Far Can Repeated Contact Become a Problem?
Daeryun's Key Strengths

Litigation strategy using Daeryun's own AI & IT technology
More than 240 key members
1,200+ cases handled per month
* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)
more strengths
Book a legal
consultation with an attorney
All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.
Phone consultation
1800-7905
Available 24 hours a day, 365 days a year


Online consultation
We provide tailored
legal services for our clients.

Chat consultation
KakaoTalk channel
Daeryun Law LLC Attorneys
Related Members
View moreKey Case Studies
View more- Non-prosecution
A Daeryun Stalking Attorney Defends a Client Accused of More Than 500 Instances of Cyberstalking, Achieving a Non-Prosecution
![[Stalking Attorney Defense Case] A Daeryun Stalking Attorney Defends a Client Accused of More Than 500 Instances of Cyberstalking, Achieving a Non-Prosecution link](/_next/image?url=%2Fimages%2Fseo_v2%2Fcircle_arrow.webp&w=48&q=75)
- No charge (insufficient suspicion)
Ansan Criminal Litigation Attorney Secures a Confirmed Non-Prosecution for Stalking
![[Ansan Criminal Litigation Attorney's Stalking Non-Prosecution Case] Ansan Criminal Litigation Attorney Secures a Confirmed Non-Prosecution for Stalking link](/_next/image?url=%2Fimages%2Fseo_v2%2Fcircle_arrow.webp&w=48&q=75)
- Acquittal / Not guilty
Stalking Acquittal Confirmed With an Anyang Attorney
![[Anyang Attorney Acquittal Case] Stalking Acquittal Confirmed With an Anyang Attorney link](/_next/image?url=%2Fimages%2Fseo_v2%2Fcircle_arrow.webp&w=48&q=75)
- Non-referral (police)
Non-Referral for a Client Charged with Stalking

- Acquittal
Defending a Stalking Crime Criminal Trial to a Not-Guilty Verdict

Related Practice Areas
View moreConsult in other languages
Popular Columns
View moreThe Meaning of Non-Referral, and Are There Differences Among the Types of Decisions?

Establishment of the Crime of Fraud: Determining the Requirements, Case Analysis, and Sentencing Guidelines

Criminal Record Inquiry and Expungement: How to Avoid Disadvantages

The Police Investigation Process, Methods of Response, and Tips for Giving Statements

Criminal Cases: Litigation Procedure, Types of Dispositions, and How to Respond

Previous
Intimidation Complaint | Case of a Client Unjustly Charged with Intimidation After Requesting Review Deletion
Next
Self-Defense Against Assault | Client Cleared of False Mutual Assault Charge with an Acquittal
View listDo you have more questions?
















