Deals & Cases

Violation of the Act on Punishment of Crime of Stalking
Violation of the Act on Punishment of Crime of StalkingFine (criminal penalty)

Stalking Defense Attorney's Assistance | Stalking Defense Attorney Secures a Reduction of the Fine

The client who consulted the stalking attorney had received a summary order of three million won for stalking. To request a formal trial, the client sought the assistance of the stalking attorney.

1. The Client Who Sought a Stalking Defense Attorney

The client who consulted the stalking attorney was involved in a stalking case.

To respond to the case, the client requested legal assistance from the stalking attorney.

스토킹변호사-스토킹처벌법

How the Client Came to Seek a Stalking Defense Attorney

The circumstances of the client's case as understood by the stalking attorney are as follows.

The client had developed an affection for an employee of a business partner.

To express the client's feelings, the client sent the employee gift vouchers on three occasions, and the employee reportedly responded with appreciation, thanking the client for the thoughtfulness.

Misunderstanding the woman's response as a sign that she felt the same way, the client continued to make contact, sending messages and gift vouchers.

Then, suddenly, the woman blocked the client's contact and filed a criminal complaint for stalking.

As a result, the client became involved in a stalking offense and had received a summary order of 3 million won.

However, the client considered that summary order to be excessive and ultimately came to the stalking attorney to request a consultation on how to obtain a reduction.

Stalking Offenses Explained by a Stalking Defense Attorney

Stalking refers to conduct that causes fear or anxiety by repeatedly following another person, or by routinely delivering text, photographs, words, or similar content through messengers, telephone, or other means, even after that person has expressed that he or she does not want it.

For the crime of stalking to be established, the following requirements must be met.

Requirements for Stalking
① continuously or repeatedly (repetition of the conduct)
② conduct carried out against the other person's will and without justifiable reason (the conduct)
③ causing anxiety or fear (the result of the conduct)

A person who commits stalking may, under the 🔗Act on Punishment of Crime of Stalking, be subject to imprisonment for not more than three years or a fine of not more than thirty million won.

How to Respond to Stalking, Explained by a Stalking Defense Attorney

The interpretation of what conduct constitutes ‘conduct that causes fear or anxiety’ can vary from person to person.

Therefore, if you are involved in the crime of stalking, you should request a consultation regarding the Act on Punishment of Crime of Stalking from a specialist attorney to review whether the crime is established.

If you have been placed at risk of punishment unfairly, it is advisable to receive the help of a specialist attorney and respond actively from before the police investigation.

This is because even a groundless report can sometimes lead to punishment if it is handled carelessly.

Conversely, if one's conduct clearly constitutes the crime of stalking, one should maintain a remorseful attitude and review the sentencing materials that can be presented in order to seek a reduction of sentence.

2. Assistance Provided by the Stalking Defense Attorney

After reviewing the circumstances of the client's case once more in detail, the stalking attorney established a response strategy aimed at reducing the fine.

The attorney then requested a formal trial, arguing as follows.

Stalking Defense Attorney Argues That the Client Is Making Efforts to Repair the Harm

The client fully acknowledges and regrets all of the wrongdoing.

In addition, the stalking attorney argued that the client is doing everything possible to raise an amount of money sufficient to compensate the victim for the harm suffered.

Stalking Defense Attorney Argues That the Client Has No Prior Criminal Record and No Risk of Reoffending

Through this case, the client came to realize whether the conduct amounted to a crime.

Since then, the client has been making efforts to prevent reoffending, such as completing education related to the offense.

Accordingly, the stalking defense attorney emphasized that the client had no prior criminal record and argued that there was no risk of reoffending.

3. Result of the Stalking Defense Attorney's Assistance: a Reduction of the Fine

As a result of the dedicated assistance of the stalking attorney, the client was able to achieve a reduction of 1 million won.

Case Notes of a Stalking Defense Attorney

This was a case in which a client who was accused of stalking after expressing his interest in a woman entrusted his case to a stalking attorney.

The client faced having to pay a fine of 3 million won under a summary order, but with the assistance of the stalking attorney, he was able to obtain a reduction of the fine.

Daeryun Law Firm carefully analyzes the client's situation and resolves cases favorably with a systematic response strategy suited to it.

If you are involved in a stalking offense as described above, please request a 🔗legal consultation with a stalking attorney.

스토킹변호사

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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