Stalking Attorney | Client Who Solicited a Stalking Offense Receives a Small Fine; What Is the Level of Punishment for an Instigator?

The details of the client's case, as reviewed by the stalking attorney, were as follows.

The client explained that the client had not held a wedding ceremony and was in a common-law relationship with her husband while raising two daughters. The client explained that, at a certain point, the husband began attending company dinners more frequently and paid little attention to the client.

Having come to Seoul from the provinces relying solely on her husband, the client explained that the husband was the only person she could depend on; the situation became hard to bear, and her suspicions steadily grew.

One day, while sorting the belongings of her husband, who had come home drunk, the client explained that a woman's earring was found in the pocket of his clothes.

The client explained that she concluded she would need clear evidence that her husband was having an affair, and that while using social media she came across an advertisement for a detective agency that billed itself as a legal private investigation service.

Drawn to the word ‘legal,’ the client explained that she immediately engaged the agency to obtain evidence of her husband's affair.

While following the husband to gather evidence of the affair, the detective was discovered by the husband and apprehended by the police. The detective disclosed that he had been retained by the client, and the client came to be investigated by the police on suspicion of soliciting a stalking offense.

The stalking attorney recommended that, because detective agencies often have difficulty obtaining evidence lawfully under current law, the client seek the assistance of Daeryun's evidence investigation and digital forensics group in order to secure lawful evidence.

The stalking attorney's client had solicited the detective to commit a stalking offense.

A person who solicits another to commit an offense may be punished with the same penalty as the person who committed it, so the client could be punished by imprisonment for up to three years or a fine of up to 30 million won.