[Anyang Law Office Assistance Case] A Stalking-Crime Client Successfully Defended to a Suspended Sentence With the Assistance of an Anyang Law Office

The client who came to an Anyang law office secretly found the Instagram account of the victim, whom he had come to know through an acquaintance,

and, concealing his personal information, created a so-called "ghost account" and continually made video calls to the victim.

He requested video calls or sent messages a total of 32 times,

and when the victim accepted a video call, he exposed acts that caused sexual shame or disgust so that the victim was made to see those scenes.

As a result, he was charged with violation of the Act on Punishment of Crime of Stalking and the crime of obscenity via telecommunication media, and the client was sentenced to 10 months of imprisonment in the first instance.

Seeking a reduction of sentence through an appeal, he requested the assistance of Daeryun's Anyang law office.

▣ What Is a "Stalking Act"?

It refers to causing anxiety or fear in the other party by, against the will of the other party and without a justifiable reason, committing any one of the acts in the following items.

- Approaching, following, or blocking the path of the other party, or that party's cohabitant or family

- Waiting for or watching the other party or others at or near their residence, workplace, school, or other place where they routinely live

- Causing an item or text, words, signs, sounds, pictures, video, or images to reach the other party or others by mail, telephone, fax, or the information and communications network under Article 2(1)1 of the "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.," or causing text, words, signs, sounds, pictures, video, or images to appear to the other party or others through a program that uses the information and communications network or through the functions of a telephone

▣ Level of Punishment for a Stalking Crime (Article 18 of the Act on Punishment of Crime of Stalking)

(1) A person who commits a stalking crime is subject to imprisonment for not more than 3 years or a fine of not more than 30 million won.

(2) A person who commits a stalking crime while carrying or using a deadly weapon or other dangerous object is subject to imprisonment for not more than 5 years or a fine of not more than 50 million won.

▣ What Is "Obscenity via Telecommunication Media"?

It refers to the act of sending pictures, text, video, and the like that cause sexual shame or disgust to the other party, using telecommunication media such as a telephone or computer, for the purpose of arousing or satisfying sexual desire.

For obscenity via telecommunication media to be established, there must be a sexual purpose, that is, the purpose of satisfying sexual desire, and the words, photographs, video, and the like that reach the other party must be content that may cause sexual shame or sexual disgust. In addition, such acts must be carried out without the other party's consent and against that party's will.

▣ Level of Punishment for the Crime of Obscenity via Telecommunication Media (Article 13 of the Act on Special Cases concerning the Punishment of Sexual Crimes)

A person who, for the purpose of arousing or satisfying the sexual desire of himself or another person, causes words, sounds, text, pictures, video, or an item that arouses sexual shame or disgust to reach the other party through a telephone, mail, computer, or other telecommunication media is subject to imprisonment for not more than 2 years or a fine of not more than 5 million won.

The attorney emphasized that, from the initial investigation stage, the client readily admitted his offense rather than concealing it,

and showed remorse for his wrongdoing while seeking forgiveness from the victim who had been harmed by his conduct.

The attorney emphasized that, based on the letter of apology the client had written by hand, the client pledged that he would never again commit such an unlawful act.

The attorney emphasized that the client was a person who had not committed any unlawful act until this offense and ordinarily lived without going against social norms,

but that, due to recent financial difficulties, he suffered the hardship of economic distress, his judgment became clouded, and he came to commit the above crime.

The client's acquaintances and family were shocked upon hearing of the client's offense and reproached and scolded him.

The attorney emphasized that they then wrote petitions, trusting the client's pledge that he would no longer engage in such conduct.

The client in this case repeatedly contacted the victim through social media against her will and without a justifiable reason,

and by committing acts that caused the other party sexual shame, he was charged under two crimes and sentenced to an actual sentence in the first instance,

but this is a case in which the matter was concluded with a suspended sentence through Daeryun's assistance.

Not only when you become the victim of a stalking crime, but also, as above, when you have become the perpetrator and are preparing for trial on related charges, it is important to gather evidence for a reduction of sentence and respond quickly.

Because attempting to resolve the matter by meeting the victim in person can lead to a larger case, receiving the assistance of Daeryun Law Firm is the wiser approach.