Deals & Cases

Violation of the Act on Punishment of Crime of Stalking and other charges
Violation of the Act on Punishment of Crime of Stalking and other chargesNon-prosecution

Uijeongbu Criminal Case Attorney Assistance | No Prosecution for a Client Charged With Stalking Through an Uijeongbu Criminal Case Attorney

The client who came to the Uijeongbu criminal case attorney was involved in a criminal case concerning stalking, intrusion upon habitation, and related charges, and sought out a criminal case attorney at the Uijeongbu office in order to defend against punishment.

1. How the Client Came to Seek the Uijeongbu Criminal Case Attorney

After consulting with the Uijeongbu criminal case attorney, the client, who had been criminally charged by their older sister with stalking and intrusion upon habitation, visited the Uijeongbu office in order to respond to the matter.

The Client Who Requested Assistance From the Uijeongbu Criminal Case Attorney

This is the account of a client who sought assistance from a criminal case attorney in Uijeongbu.

The client was one of three brothers, and the youngest brother, who had a history of mental illness, lived together at their older sister's home.

Then, after their father passed away, the client quarreled with the older sister and received a notice from her that she wished to sever ties.

However, out of suspicion and concern that the sister might be neglecting the younger brother, the client decided to go to the sister's home.

Because the emotional rift ran deep, and thinking that the sister's family might cause the client harm, the client visited the home while carrying a baseball bat.

The client also wrote a letter to the younger brother, who had no mobile phone, and posted it on the front door.

Upon learning of this, the sister filed a criminal complaint against the client, and the client thus came to face charges of 🔗Violation of the Act on Punishment of Crime of Stalking and 🔗Intrusion upon habitation.

Feeling that this was unjust, the client came to the Uijeongbu criminal case attorney and requested assistance.

The Laws Related to the Case Explained by the Uijeongbu Criminal Case Attorney

▶ Elements of the Crime of Stalking

Engaging, continuously or repeatedly and without justifiable grounds, against the other party's will, in conduct constituting stalking toward 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 by 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 by a fine not exceeding 50 million won.

▶ Criminal Act Article 319 (Intrusion upon Habitation, Refusal to Leave)

(1) A person who intrudes upon another's residence, managed structure, ship or aircraft, or occupied room shall be punished by imprisonment for not more than three years or by a fine not exceeding 5 million won.
(2) A person who, upon receiving a demand to leave the place referred to in the preceding paragraph, fails to comply shall be subject to the same punishment as in the preceding paragraph.

2. The Uijeongbu Criminal Case Attorney's Assistance

The Uijeongbu criminal case attorney reviewed the client's case in cooperation with an attorney who has handled numerous related cases and possesses extensive experience.

Establishing a strategy to defend the client against punishment, the attorney made the following arguments.

The Uijeongbu Criminal Case Attorney's Argument 1 | Denial of the Charged Facts

The reason the client visited the home was that the complainant in this case had ignored the client's request to take good care of the complainant's younger sibling.

The complainant had neglected the younger sibling, and on one occasion the sibling wandered the streets, after which the client received a call from the police and went to find the sibling.

Because of this history, the client argued that, out of concern, the client visited and left a letter, and that the visit was made to check on the sibling's well-being.

The Uijeongbu Criminal Case Attorney's Argument 2 | The Applicable Legal Principles

Under the Act on Punishment of Crime of Stalking, the term refers to continuously or repeatedly carrying out stalking that causes anxiety or fear in another person.

The attorney argued that, although the client's conduct was inappropriate, it could not be said to lack a justifiable reason, and therefore it did not constitute the stalking prohibited under the Act on Punishment of Crime of Stalking.

The Uijeongbu Criminal Case Attorney's Argument 3 | Whether Intrusion Upon Habitation Was Established

The victim did not visit the residence for the purpose of committing a crime, nor did the victim engage in any act that disturbed the state of peace.

We argued that the mere circumstance of acting against the complainant's will cannot be regarded as constituting the crime of intrusion upon habitation, and that the client merely posted a letter at the front door and then immediately left.

3. Result of the Uijeongbu Criminal Case Attorney's Assistance: "No Prosecution"

Accepting the arguments of the Uijeongbu criminal case attorney, the prosecution ultimately rendered a no prosecution decision on the client's charges.

If You Have Become Involved in a Criminal Case

As with the case above, if you are involved in a criminal case and facing an investigation, it is advisable to respond strategically with the assistance of a professional.

At Daeryun Law Firm, 🔗experienced attorneys with an average of more than 20 years of experience take on cases and assist clients with practical strategies.

If you need legal assistance in a situation similar to the case above, please entrust your case to an Uijeongbu criminal case attorney at Daeryun Law Firm.

의정부형사사건변호사

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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