A Single Text After a Breakup - Stalking

Case Overview

This case arose while a man and a woman who had dated for about two years were exchanging complaints against each other after their breakup. The defendant sent his former partner a text to the effect of 'let's end things well' and made a few more attempts at contact afterward. The other party treated this as stalking and filed a complaint, and the defendant was ultimately put on trial for violating the Act on Punishment of Crime of Stalking (the “Stalking Punishment Act”, 스토킹처벌법).

Our Strategy

Early on, I emphasized that the defendant had reached out in order to settle matters with the other party, and that because the other party had previously initiated contact, there was a reasonable expectation that a conversation was possible. Throughout the investigation and trial, I denied intent and persistence, citing the facts that the messages were not threatening, that the intervals between contacts were not short, and that the number of contacts was not extreme. The court accepted this reasoning, holding that the defendant's conduct was not repeated or persistent enough to cause fear in the other party, and acquitted him. This case vividly shows that a wrongful stalking complaint can be brought on the basis of someone's feelings and interpretation alone.

Result · Acquittal

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.

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Attorney in charge: Dongwoo Shin