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Violation of the Act on Punishment of Crime of Stalking
Violation of the Act on Punishment of Crime of StalkingNon-prosecution

Busan Criminal Attorney Assistance Case | Non-prosecution for a Client Charged With Stalking

The client of the Busan criminal defense attorney faced the risk of criminal punishment for a stalking offense and requested assistance from a criminal defense attorney at the Busan branch office in order to avoid punishment.

1. The Client Who Came to a Busan Criminal Attorney

Daeryun Busan criminal attorney stalking criminal punishment defense case

The client of the Busan criminal attorney faced the risk of punishment after being reported for stalking by a former girlfriend, but was able to obtain a non-prosecution decision through the assistance of a criminal attorney in the Busan area.

The Reason for Being Implicated in a Stalking Crime

The client recently received notice of a breakup from his girlfriend.

However, there was still an unresolved financial matter between the client and his girlfriend.

In an effort to resolve this, he contacted his girlfriend, but she did not answer, and he ended up going to her workplace and even to the front of her home.

His ex-girlfriend then reported the client for stalking, and the client, who faced criminal punishment, requested the assistance of a Busan criminal attorney.

2. Stalking Explained by a Busan Criminal Attorney

Busan criminal attorney, requirements for establishing the crime of stalking and the level of punishment

As with the client of the Busan criminal attorney, cases of becoming implicated in stalking charges and receiving criminal punishment occur from time to time.

This crime of stalking is a crime that arises when, regardless of the other party's intent, a person engages in conduct that may cause the other party or their family to feel fear.

Representative acts that may be punished as stalking are as follows.

Representative Types of Stalking Crimes

① Approaching, following, or blocking the path of the other party or their family

② Waiting for or watching, without authorization, at the other party's home, workplace, school, or other places of daily life

③ Delivering, via mail, telephone, fax, the internet, or other means, unwanted objects, writings, messages, or images to the other party

④ Delivering objects to the other party directly or through a third party, or leaving them near the other party's residence

⑤ Damaging objects at or near the other party's residence

⑥ Providing, distributing, or posting the other party's personal information or location information to other persons through the internet or other means

⑦ Using the other party's name, photographs, or images through the internet to impersonate the other party

Level of Punishment for Stalking Crimes

ConductPunishment
A person who commits the crime of stalkingImprisonment of up to 3 years or a fine of up to 30 million won
A person who commits the crime of stalking while carrying or using a deadly weapon or other dangerous objectImprisonment of up to 5 years or a fine of up to 50 million won

3. Three Areas of Assistance Provided by the Busan Criminal Attorney

The Busan criminal attorney analyzed precedents matching the client's case and assisted the client based on the latest legal analysis.

In addition, for a prompt response, the attorney reviewed the strategy once more through a mock investigation together with attorneys who have extensive experience in criminal cases.

Criminal Attorney's Argument 1. A Clear Purpose for the Contact

There is an unresolved financial matter between the client and the complainant.

In order to resolve this financial matter, the client tried to contact the complainant, and when he could not be reached, he visited in person.

It was argued that the client's conduct was not for the purpose of stalking but was a legitimate visit to resolve the financial matter.

Criminal Attorney's Argument 2. The Client's Deep Remorse

The client sincerely repents and reflects on his conduct and has conveyed an apology to the victim.

He also wrote a letter of reflection and resolved not to engage in conduct that could cause fear in others going forward.

Accordingly, the client has continuously expressed his remorse, and through this it was argued that the likelihood of reoffending is low.

Criminal Attorney's Argument 3. The Settlement with the Victim

The client subsequently proceeded with a settlement with the victim.

The victim also expressed the view that he no longer wished for the client to be punished.

It was argued that the client had already proceeded with a settlement together with an expression of apology to the victim, and that the victim had also accepted the apology.

4. Result of the Busan Criminal Attorney's Assistance: “Non-prosecution”

Having heard the arguments of the Busan criminal attorney, the prosecution issued a non-prosecution decision suspending indictment of the client.

The client, who had been at risk of criminal punishment on a stalking charge, expressed gratitude to the Busan criminal attorney.

If You Are Implicated in a Stalking Crime

This was the case of a client who was at risk of receiving criminal punishment for a stalking crime but obtained a non-prosecution disposition through the assistance of the Busan criminal attorney.

As shown here, approaching conduct that may instill fear in another can lead to criminal punishment, so if you become involved in a stalking crime, prompt legal response is needed.

At Daeryun Law Firm, we assist clients through a case allocation system that accurately analyzes various case types and organizes an optimal strategy.

If you have become involved in stalking charges as in the client's circumstances, please request the assistance of the Busan criminal attorney as soon as possible through a 🔗legal consultation appointment.

부산형사변호사

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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