No Prosecution (No Charges) in a Stalking Act Violation Case
사건 개요
- Client Information
- Individual / Suspect
- Case Details
-
The client, upon discovering their spouse’s extramarital affair, contacted the affair partner multiple times via KakaoTalk and text messages to confirm the facts and inquire about a potential settlement in connection with a future civil claim.
From the client’s perspective, the situation was highly distressing. The spouse had been consistently deleting KakaoTalk messages before returning home, and the client confirmed the existence of the affair through digital forensics. In an effort to verify the facts directly, the client initiated contact with the affair partner.
However, the complainant alleged that the client continued sending messages even after being asked to stop, and filed a criminal complaint for violation of the Stalking Punishment Act.
If found guilty, the client faced a serious criminal penalty of up to 3 years’ imprisonment or a fine of up to KRW 30 million.
디센트 전략
Decent’s criminal defense team conducted a thorough, chronological analysis of all KakaoTalk and text message exchanges between the client and the complainant.
Rather than focusing solely on the number of messages sent, we examined the timing, context, and evolving purpose of each communication. This allowed us to demonstrate that the client’s actions were consistently aimed at verifying the facts and discussing a potential settlement, constituting a legitimate purpose.
✔️ Legal Argument on the Elements of Stalking
Under Korean law, stalking is defined as repeated acts of approach or communication, without justifiable reason, that cause fear or anxiety to the other party.
We argued that contacting an affair partner to confirm the facts and discuss potential civil liability is, in itself, a justifiable action. Importantly, the client explicitly stated in the final message that the contact was solely for the purpose of confirming legal rights and exploring settlement options, and ceased all communication immediately thereafter.
This was a key factor in establishing that the statutory elements of stalking were not met.
✔️ Strategic Preparation and Representation During Police Interview
Our attorney attended the client’s police interview and provided detailed pre-interview preparation to ensure consistent and accurate statements.
We carefully prepared the client to explain:
• why communication continued after the complainant expressed refusal,
• the specific context and purpose of each message, and
• the fact that all contact ceased immediately after the final notice.
This strategic approach helped prevent misunderstandings and reinforced the credibility of the client’s position.
결과 및 의의
The investigative authorities concluded that the client’s actions did not constitute a criminal offense and issued a non-prosecution decision (no charges filed).
After reviewing the full communication records, the authorities determined that:
• the client’s response to the complainant’s warning was a temporary expression of frustration, and
• the subsequent messages were limited, purpose-driven communications related to potential civil settlement discussions.
Accordingly, the authorities found that the conduct did not amount to stalking under the law.
Cases where individuals are accused of stalking during disputes involving infidelity or civil claims are increasingly common. Even when multiple messages are involved, the legal outcome depends heavily on the context, purpose, and overall pattern of communication.
Early legal intervention is critical. Once a complaint is filed, the narrative can quickly solidify against the accused if not properly addressed from the outset.
If you are facing a stalking allegation or related criminal investigation in Korea, timely and strategic legal representation can make a decisive difference.
For professional assistance, contact Decent Law Firm’s Criminal Defense Team.
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