Stalking Attorney Case | Stalking Attorney Defends Client Charged With Stalking and Obtains an Acquittal

Stalking means causing anxiety or fear to another person against that person's will and without justifiable reason.

For example, it includes waiting for or watching another person at or near that person's residence, workplace, school, or other place of daily life, contacting another person persistently through an information and communications network, and damaging or leaving objects.

A person who commits the crime of stalking is subject to imprisonment with labor for not more than 3 years or a fine of not more than 30 million won.

If a person commits the crime of stalking while carrying or using a weapon or other dangerous object, that person may be subject to imprisonment with labor for not more than 5 years or a fine of not more than 50 million won.

In addition, under the Act on Punishment of Crime of Stalking as amended last year, the provision making it a crime not punishable against the victim's will was deleted, so stalking conduct can now be punished regardless of the victim's intent.

The stalking attorney argued that the calls and messages in question were not one-way communications but mutual exchanges.

The client and the victim are a cohabiting couple.

The victim has a tendency to leave home from time to time when she quarrels with the client, and immediately before this incident she had likewise left home unilaterally.

However, unlike usual, the absence grew long, and the client, who was worried about the victim's well-being, did in fact contact her more frequently than usual.

In response to the client's calls and messages, the victim replied with statements such as "I will come back if you beg more."

The stalking attorney emphasized that the client had not engaged in stalking conduct against the victim's will and without justifiable reason, and had never caused the victim anxiety or fear.

The attorney in charge made an argument regarding the relationship between the client and the victim.

As shown by the text messages sent earlier, in their relationship the victim held the upper hand and the client was in the weaker position.

The nature of the relationship between the two can be inferred from messages sent by the victim, such as "I need to know how remorseful you really are."

The stalking attorney emphasized that it is difficult to find that such a victim actually felt anxiety or fear upon receiving the client's contacts.

The points the victim raises, that he came to her workplace and home and left a gift, were likewise merely acts intended to show the sincerity of the remorse the victim was demanding.

As crimes in which stalking leads to violent crimes such as assault and murder have increased recently, the penalties under the Act on Punishment of Crime of Stalking are expected to grow heavier and its scope broader.

In particular, for the crime of stalking, an important criterion is whether the defendant's conduct, viewed objectively and in general terms, was sufficient to cause the other person anxiety or fear.

Daeryun Law Firm stalking attorneys form a task force of 3 to 20 specialists depending on the client's situation and the scale of the case, thoroughly analyze the investigation records, gather the necessary evidence, and present a legally and logically sound defense.