[Anyang Attorney Acquittal Case] Stalking Acquittal Confirmed With an Anyang Attorney

The case experienced by the client who visited Daeryun for an Anyang attorney was as follows.

The defendant had been in a relationship for about one year but then broke up. The victim conveyed through text messages her intention to refuse any meeting, but the defendant attempted to meet her.

The defendant made contact, but the calls were not answered, so he went to the victim's home and again knocked on the door, telling her to take his call. When there was still no response, he tore off the window guard, entered the home, and met the victim.

The original judgment was reversed and an acquittal was rendered, but a final appeal was again filed.

The client continued to consult with Daeryun's specialized attorney regarding the alleged stalking conduct.

These are the statutes related to stalking conduct, reviewed through the Anyang attorney.

What Is “Stalking Conduct”?

It refers to causing a sense of anxiety or fear in the other party by engaging, against that party's will and without a legitimate reason, in any one of the following acts.

- Approaching, following, or blocking the path of the other party, that party's cohabitant, or family

- Waiting for or watching the other party at or near the residence, workplace, school, or other place where that party ordinarily lives

- Causing objects or words, signs, sounds, pictures, video, or images to reach the other party by mail, telephone, fax, or the information and communications network under Article 2 (1) 1 of the “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.,” or causing such words, signs, sounds, pictures, video, or images to appear to the other party through a program using the information and communications network or the functions of a telephone

- Causing objects or the like to reach the other party directly or through a third party, or placing objects or the like at or near the residence, etc.

- Damaging objects or the like placed at or near the residence, etc. of the other party

- Using, through the information and communications network, information about the name, designation, photograph, video, or identity of the other party to impersonate the other party

Level of Punishment for the Crime of Stalking

(1) A person who commits the crime of stalking shall be punished by imprisonment for not more than 3 years or a fine not exceeding 30 million won.

(2) A person who commits the crime of stalking while carrying or using a deadly weapon or other dangerous object shall be punished by imprisonment for not more than 5 years or a fine not exceeding 50 million won.

The defendant argued that he had no intent to stalk the victim.

The defendant argued that he had made contact for a legitimate reason and that, for that reason, the conduct could not be classified as the crime of stalking.

The reason the defendant contacted the victim and went to her home was to collect his belongings, not to inflict any other threat.

The defendant emphasized that he had made contact to retrieve his belongings, and that the conduct was not carried out in a continuous or repeated manner.

The court, accepting the submissions of Daeryun Law Firm, rendered an acquittal, and thereafter dismissed the final appeal by the unanimous opinion of the Justices.

This is a case in which a stalking-related misunderstanding was confirmed as an acquittal with the assistance of a Daeryun attorney.

Daeryun forms a team of attorneys with extensive experience in stalking and related cases and assists with the overall procedures of the litigation.

If you are struggling with a matter related to stalking, as the client above was, we recommend that you seek help through a consultation with Daeryun Law Firm.

Daeryun Law Firm assists clients to the best of its ability.

We will strive to be a Daeryun Law Firm that always assists clients diligently.