Cheongju Criminal Defense Attorney | A Substantial Fine Imposed on a Stalking Offender Through the Cheongju Criminal Defense Attorney's Assistance in filing a Complaint

The client who came to the Cheongju criminal defense attorney was recently contacted by a man she had met about 20 years earlier.

She initially believed it to be a simple message asking after her well-being. Over a period of about five days, however, he called dozens of times, hurling abusive language and threats.

When the client did not answer, he would call her workplace, and he even called the workplace where her daughter was employed.

After answering the call, the client clearly expressed her refusal and told him not to contact her, yet the perpetrator's contact continued.

As a result, the client ultimately resolved to file a criminal complaint against the perpetrator, and she came to the 🔗Daeryun Cheongju Office to request representation in filing the complaint.

🔗Act on Punishment of Crime of Stalking provides that no person may, against the other party's will and without justifiable reason, continuously or repeatedly engage in acts such as causing objects, text, words, or images to reach the other party or that party's cohabitant or family members through an information and communications network. (See Article 2(1)(a) and (c) and Article 2(2) of the Act on Punishment of Crime of Stalking.)

A person who commits the crime of stalking is subject to imprisonment for up to three years or a fine of up to 30 million won.

In addition, a person who commits stalking by giving notice of harm or using abusive language over the telephone or similar means, as the perpetrator in the case above did, is also subject to punishment under the Network Act (Information and Communications Network Act).

Article 44-7 of the Network Act (Prohibition of Distribution of Illegal Information, etc.) prohibits the distribution of information that repeatedly causes codes, words, sounds, images, or videos provoking fear or anxiety to reach the other party.

A person who violates this provision is subject to imprisonment for up to one year or a fine of up to 10 million won.

The perpetrator called the client dozens of times and communicated threats of harm sufficient to make the client feel fear and anxiety, stating, among other things, “I will kill you,” “I will tell your children about what happened between us,” and “I will keep harassing you.”

We argued that the perpetrator clearly engaged in stalking conduct, in that the requirements for the crime of stalking, namely continuity and repetition, were also satisfied.

The client feels fear at the perpetrator's threats and has been living in anxiety and dread, suffering severe emotional distress.

Taking into account that this incident has caused her to develop heart-related symptoms for which she is receiving medication, it was requested that the perpetrator be punished.

In the past, because no separate law on stalking had been enacted, such conduct was punished as a minor offense. Even if a perpetrator was reported, they would receive only a light penalty, such as an administrative fine of one million won, or would not even be booked.

Under the newly enacted Act on Punishment of Crime of Stalking, however, the statutory penalties have been raised, so that once the charge is established, punishment of imprisonment for up to three years or a fine of up to 30 million won may be imposed.

Moreover, in addition to criminal punishment, it has become possible to apply for measures such as provisional measures and emergency measures against the perpetrator and to receive assistance through them.

However, in order to prove the charge, it is necessary to demonstrate to the court that the perpetrator's conduct satisfies the elements of stalking as defined in the Act on Punishment of Crime of Stalking.

In this process, it is advisable to seek the assistance of a 🔗criminal law specialist attorney with extensive experience in stalking cases.

If you need assistance, please reach out to the Cheongju criminal defense attorneys at Daeryun LLC.