Deals & Cases

Act on Punishment of Crime of Stalking
Act on Punishment of Crime of StalkingNon-referral (police)

Incheon Criminal Attorney | A Client Reported for Stalking by a Former Partner, Defended Through No Referral

An Incheon criminal attorney assisted a client who had been reported on a stalking charge for sending a letter of greeting to his former girlfriend, and defended the matter to a no-referral outcome.

1. The Client Who Requested Help from the Incheon Criminal Attorney

The client who requested the assistance of an Incheon criminal attorney was suspected of stalking. The person who had reported the client on the stalking charge was none other than the client's former girlfriend.

Case Assessment by an Incheon Criminal Defense Attorney

인천형사변호사

Through a consultation with the client, the Incheon criminal attorney listened carefully to the circumstances of the case.

The client came to date a woman whom he had met while working as a temporary teacher at a high school.

In the meantime, the client passed the teacher appointment examination and moved to Songdo, Incheon, while his girlfriend remained in another region, and they were no longer able to meet often.

As a result, minor disputes followed, and eventually the girlfriend announced that they should part ways.

Although he sought to hold on to her several times, in the face of his girlfriend's cold attitude the client accepted the breakup.

In the meantime, the school where the client was working went on a field trip, where he discovered something called a "slow mailbox."

It was a system whereby, if a handwritten letter was placed in the mailbox, it would be delivered one year later to the address that had been written down. The client wrote and sent a letter containing such things as asking whether his former girlfriend was doing well and expressing gratitude for their time together.

Having completely forgotten that he had even sent the letter, the client suddenly received contact from a police station one year later on a charge under the Act on Punishment of Crime of Stalking.

Stalking-Related Statutes Explained by an Incheon Criminal Defense Attorney

The 🔗Act on Punishment of Crime of Stalking is a statute enacted to provide immediate and preventive measures against stalking crimes.

According to the Act on Punishment of Crime of Stalking, a stalking act is defined as follows.

▣ Article 2 (Definitions)

1. A "stalking act" means, against the will of the other party and without justifiable reason, committing any of the acts falling under any of the following items, thereby causing the other party to feel anxiety or fear.

(c) The act of causing an object, or writing, words, signs, sounds, pictures, video, or images to reach the other party or others by using mail, telephone, fax, or an information and communications network, or causing writing, words, signs, sounds, pictures, video, or images to appear before the other party or others through a program or the functions of a telephone that uses an information and communications network

2. A "stalking crime" means persistently or repeatedly committing a stalking act.

2. Defense Strategy Against Punishment by an Incheon Criminal Defense Attorney

The Incheon criminal attorney carefully ascertained the client's circumstances and examined whether the client's conduct constituted a stalking crime.

The attorney then submitted a defense counsel's opinion stating the following.

Incheon Criminal Defense Attorney: No Stalking Offense Was Established Against the Client

The client's act of sending a letter through the slow mailbox amounted to only a single occasion and was not carried out persistently.

Accordingly, the attorney argued that the conduct did not satisfy the requirements of persistence and repetition prescribed among the elements of a stalking crime.

Incheon Criminal Defense Attorney: The Client's Prior Conduct Did Not Constitute Stalking Either

Although the complainant asserted that the client had also engaged in stalking conduct during the process of announcing the breakup and experiencing conflict, the attorney argued that this was nothing more than conduct aimed at winning back the former girlfriend's affection, and that the content of the communications was, in many instances, an expression of concern for the complainant.

Accordingly, the attorney argued that this did not constitute an act that was "against the will of the other party," "without justifiable reason," or that caused "anxiety or fear in the other party," as prescribed among the elements under the Act on Punishment of Crime of Stalking.

3. A Client Who Obtained a No-Referral Decision With the Assistance of an Incheon Criminal Defense Attorney

Accepting the Incheon criminal attorney's arguments, the police determined that, considering such matters as the content the client had written in the letter, there was no clear evidence to find that the client had engaged in stalking conduct, concluded that there was no suspicion of crime, and issued a no-referral decision.

If You Need the Assistance of an Incheon Criminal Defense Attorney

If, like the client above, you have been unfairly reported or accused on a stalking charge, seeking the assistance of a 🔗criminal law specialist attorney is advisable.

At Daeryun LLC, specialist attorneys with extensive experience handling related cases help gather favorable evidence and take other measures to resolve clients' unfair accusations.

If you require assistance with a similar charge, please visit the 🔗Daeryun Incheon Office at any time.

인천형사변호사 | 전 애인에게 스토킹 신고 당한 의뢰인, 불송치로 방어

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.

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