Case of Defending Against Stalking Punishment | Defended Through Stalking Suspension of Indictment

The issue in this case arose because the client had repeatedly sent messages and gifts to the victim, with whom he had a senior-junior relationship while attending university.

In addition, at a certain point his route overlapped with the victim's, and he was mistakenly understood to have followed her, which, following the victim's report, ultimately resulted in his becoming a suspect for violation of the Act on Punishment of Crime of Stalking.

The Conduct at Issue

While acknowledging that his attempts to make contact and his manner of expression had been wrong, the client felt aggrieved that he had not intentionally followed the victim, and requested a consultation with a criminal law attorney experienced in defending against stalking punishment.

If conduct is found to constitute a stalking crime, the following punishment may be imposed under the Act on Punishment of Crime of Stalking.

Accordingly, even a mere expression of interest may lead to criminal punishment if it is repeated after the other party has indicated an intention to refuse, so caution is required.

The prosecution considered that the client had intentionally tracked the victim; however, the criminal law attorney argued that their routes had simply overlapped.

In addition, because the victim was in the company of her boyfriend, the attorney explained that, in such a situation, the client had no intent to deliberately follow the victim.

The client acknowledged his wrongdoing and showed an attitude of deep reflection.

In addition, the criminal law attorney demonstrated that the client was receiving hospital treatment due to symptoms of psychological anxiety, and provided assistance as follows.

The most important factor in defending against the stalker's punishment was reaching a settlement with the victim.

Accordingly, the criminal defense attorney supported the client in reaching an amicable settlement under certain conditions, and ultimately obtained the victim's expression of a wish not to punish the client.

Thereafter, the attorney submitted the settlement agreement and the statement of no wish to punish, and requested the greatest possible leniency for the client.

In cases of violation of the Act on Punishment of Crime of Stalking, the victim's anxiety or fear, the repetitiveness of the conduct, the presence of intent, and whether a subsequent settlement was reached are given significant consideration.

At Daeryun Law Firm, through a dedicated consultation attorney system, we closely analyze the client's situation and circumstances, and assign an attorney dedicated to the case to establish a client-tailored case strategy.

In addition, we identify the mitigating circumstances that may be asserted in the client's situation, and actively assist in protecting the client's rights and concluding the matter amicably.

If you are facing a charge of violating the Act on Punishment of Crime of Stalking and need assistance, please feel free at any time to 🔗book a legal consultation to entrust your case to us.