Stalking Attorney's Assistance | Suspension of Indictment Obtained Despite More Than 50,000 Stalking Messages

The 🔗Act on Punishment of Crime of Stalking was enacted into law to curb conduct amounting to a stalking offense.

Stalking, as defined under the Act on Punishment of Crime of Stalking, means a series of acts directed at another person or that person's cohabitant or family member, against that person's will and without justifiable grounds, that cause the person anxiety or fear.

Under the Act on Punishment of Crime of Stalking, the key elements for the offense to be committed are continuity and repetition.

Even where no Supreme Court precedent exists, the Act on Punishment of Crime of Stalking may apply if continuity and repetition are recognized under the common sense generally accepted in society.

If stalking conduct is recognized, under Article 18 of the Act on Punishment of Crime of Stalking, the offender may be punished by imprisonment for not more than 3 years or a fine not exceeding 30 million won.

A person who commits a stalking offense while carrying or using a deadly weapon or any other dangerous object is subject to aggravated punishment and may be punished by imprisonment for not more than 5 years or a fine not exceeding 50 million won.

The client developed feelings for the complainant, whom he had met at a study group, and the two maintained a close relationship.

The client believed that he and the complainant were in what is commonly called a flirtationship, and after learning that the complainant had a partner, he was deeply hurt emotionally.

Although the client at times resented the complainant for not responding to his confession of feelings, he could not easily give up his feelings of affection, and he was in a very emotionally confused state.

The attorney emphasized that the text messages were sent merely in an attempt to talk and sort out his feelings in a confused situation, and were by no means malicious conduct intended to cause anxiety or fear.

The attorney argued that the client had come to realize that conduct done out of affection could hurt the complainant, and was deeply remorseful.

The client now acknowledges all of the alleged facts in this case and is deeply remorseful for his wrongdoing.

The attorney emphasized that the client is deeply remorseful for his wrongdoing, and is resolved never again to become involved in any offense and to live diligently with a mind to apologize to the complainant, and requested leniency.