Stalking Charge Defense | Stalking Charge Under the Act on Punishment of Crime of Stalking Successfully Defended to a Fine With Daeryun's Assistance

After her affair with the male partner was discovered, the client's wife left home without notice.

The client then learned that his wife was living with the male affair partner in a studio apartment they had rented, and he began gathering evidence in order to proceed with a lawsuit against the affair partner.

The client photographed his wife leaving her workplace to meet the male affair partner, and he also took photographs of the male affair partner leaving the new residence the two had arranged and of the male affair partner's parked vehicle.

In addition, in order to confirm where his wife was living after she left home, the client purchased a location-tracking device, attached it to the rear wheel of his wife's vehicle, connected it to his own mobile phone, and received location information.

As a result, the client was reported by his wife for violation of the Act on Punishment of Crime of Stalking and the Act on the Protection, Use, etc. of Location Information, and ultimately the matter proceeded to criminal trial.

The client stated that he had committed these acts out of a strong sense of betrayal at the attitude of his wife, who had abandoned their family, lived with the affair partner, and refused to acknowledge her own wrongdoing, and he asked to at least be spared an actual custodial sentence.

🔗The Act on Punishment of Crime of Stalking defines stalking as ‘repeatedly or continuously engaging, against the other party's will and without justifiable grounds, in conduct amounting to stalking directed at the other party or persons around them, thereby causing the other party anxiety or fear.’

▣ Act on Punishment of Crime of Stalking

Article 18 (Crime of Stalking)

(1) A person who commits the crime of stalking shall be punished by imprisonment for not more than three years or a fine not exceeding 30 million won.

(2) A person who commits the crime of stalking while carrying or using a deadly weapon or other dangerous object shall be punished by imprisonment for not more than five years or a fine not exceeding 50 million won.

▣ Act on the Protection, Use, etc. of Location Information

Article 15 (Prohibition of Collection, etc. of Location Information)

(1) No person shall collect, use, or provide personal location information without the consent of the subject of that personal location information.

Article 40 (Penalty Provisions)

Any person falling under any of the following shall be punished by imprisonment for not more than three years or a fine not exceeding 30 million won.

4. A person who, in violation of Article 15 (1), collects, uses, or provides personal location information without the consent of the subject of that personal location information

In the background of the circumstances leading the client to commit the offense were his wife's infidelity and her cutting off contact after it was discovered.

The client argued that his conduct was solely for the purpose of receiving an apology from his wife and the affair partner, discussing matters such as how the children would be cared for going forward and how the divorce would be handled, and securing supporting evidence for a damages for emotional distress claim against the affair partner, and that he had no intention of causing his wife anxiety or fear.

After her infidelity was discovered, the client's wife did not offer a single apology and, in order to continue meeting with the affair partner, abandoned the children and even left home, so the client and the children had been suffering significant emotional distress.

The client argued that, whatever the circumstances, he was deeply remorseful that he had caused his wife to perceive his conduct as stalking.

It was emphasized that, through a handwritten letter of apology, he acknowledged his impulsive offense and pledged never to repeat the same conduct.

Under the amended Act on Punishment of Crime of Stalking, the crime of stalking is recognized broadly.

As a result, many people are sent to criminal trial without realizing that their conduct constitutes stalking.

For this reason, if you have been reported for stalking and are being investigated, you should seek the help of an attorney specializing in stalking cases, who has experience with various stalking matters, in order to work out a response.

Daeryun LLC draws on extensive case-resolution data to actively assist clients in the 🔗defense of clients charged with stalking, so if you need help in this regard, please arrange a 🔗consultation with a specialized attorney at Daeryun.