[Ansan Criminal Litigation Attorney's Stalking Non-Prosecution Case] Ansan Criminal Litigation Attorney Secures a Confirmed Non-Prosecution for Stalking

In consultation with the Ansan criminal litigation attorney, it emerged that the client had been a partner who was financially devoted to the complainant.

On the ground that the complainant was opening a shop, the client lent more than approximately 100 million won in installments, and frequently provided several million won more for living expenses.

Much like any couple, they parted after a minor dispute, and the client's having gone to see the complainant 4 to 5 times afterward led to a report for violation of the Act on Punishment of Crime of Stalking.

Considering their history together, the client felt bewildered and dismayed and, faced with the financial debt as well, came to Daeryun Law Firm to seek a finding of no suspicion of crime for the alleged stalking.

These are the stalking statutes explained by the Ansan criminal litigation attorney.

■ What is a stalking crime? A stalking crime refers to engaging, against the other person's will and without justifiable reason, in any one of the following acts so as to cause the other person anxiety or fear.

- Approaching, following, or blocking the path of the other person, a cohabitant, or a family member

- Waiting for or watching the other person and the like at or near their residence, workplace, school, or other place where they ordinarily go about daily life

- Causing objects or text, words, signs, sounds, images, or pictures to reach the other person and the like by mail, telephone, fax, or an 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 such text, words, signs, sounds, images, or pictures to appear to the other person and the like through a program using an information and communications network or through telephone functions

- Causing objects and the like to reach the other person and the like, directly or through a third party, or placing objects and the like at or near their residence and the like

- Damaging objects and the like placed at or near the residence and the like of the other person and the like

- Using information about the name, designation, photograph, image, or identity of the other person and the like through an information and communications network to impersonate the other person and the like

■ Penalties for stalking crimes

① A person who commits a stalking crime shall be punished by imprisonment for up to 3 years or a fine of up to 30 million won.

② A person who commits a stalking crime while carrying or using a deadly weapon or other dangerous object shall be punished by imprisonment for up to 5 years or a fine of up to 50 million won.

The Ansan criminal litigation attorney confirmed that the client had no intent to stalk the complainant.

The client acknowledged having gone to see the complainant approximately 4 to 5 times after the breakup, but the reason for going was that the complainant owed a debt of more than 100 million won.

The complainant had unilaterally cut off contact without resolving the relationship or the debt, so the client went in order to clearly settle these matters.

The Ansan criminal litigation attorney set out the justifiable reasons why the client needed to meet and speak with the complainant.

The complainant owed the client a substantial debt, and the client felt considerable strain over that debt.

During the relationship, the client had steadily asked the complainant to prepare a notarized document or a debt repayment plan regarding the debt, but the complainant flatly refused to do so.

After the breakup, the client needed to clearly settle this debt and had a duty to do so, which is why the client made contact.

The Ansan criminal litigation attorney emphasized that the client made contact because of the relationship and the debt, but that the conduct was neither continuous, repeated, nor coercive.

In the case above, as the client and the former partner who became the accused parted ways, conflicting interests such as the debt came into opposition, giving rise to a dispute and a report charging stalking, an act that had not been committed.

As a suspect, the client's matter resulted in a finding of no suspicion of crime for stalking. This finding of no suspicion of crime was an appropriate outcome and a strong result for the criminal litigation attorney in Ansan.

If you are reported on a stalking charge in Ansan, Daeryun Law Firm will work to resolve the matter wisely, drawing on experience from many cases.