Text Messages to an Estranged Wife During Separation - Stalking

Case Overview

This case arose from a complaint between a separated married couple, in which the defendant was indicted for violating the Act on Punishment of Crime of Stalking (the “Stalking Punishment Act”, 스토킹처벌법) on the grounds that he had repeatedly sent text messages to his former spouse. Even after being told 'do not contact me,' the defendant sent messages about birthday wishes, concern for her health, and sorting out accounts held in each other's names, and the Prosecution indicted him on the view that his conduct constituted repeated contact causing fear.

Our Strategy

From the outset, I emphasized that the defendant's messages were not for the purpose of threatening or surveillance, but were administrative and emotional contacts related to divorce negotiations. Most of the messages were simple apologies, greetings, or administrative matters needed to sort out daily life, and there was no indication of unsettling or threatening the other party. It also came to light that the spouse identified as the victim had responded to some of the messages and engaged in substantive divorce discussions. On these grounds, I argued that the conduct could be interpreted as legitimate contact aimed at ending the marriage, and the court ultimately found that the defendant's conduct could not be deemed an unlawful act under the Stalking Punishment Act and acquitted him. In emotionally entangled relationships, even a small act can invite misunderstanding and lead to a wrongful accusation. I am an attorney who always fights to the end against such injustice.

Result · Acquittal

Text Messages to an Estranged Wife During Separation - Stalking

This is the result of an individual case and does not guarantee a similar outcome. Some facts have been generalized and personal information redacted to protect the client.