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Criminal · School Violence · Damages
Stalking Again After Release — Man Who Even Broke into the Victim's Home Finally Sentenced to Prison
[8 Mo Prison, KRW 30M Settlement]
1. Case Overview
The defendant had previously served a prison sentence for stalking, and the victim in this case had been stalked by the same defendant before. Even after his release, he did not stop contacting her, and in a short period carried out intense stalking: roughly 390 text messages and calls, and a late-night intrusion into her home. His appearance late at night at the house when only the children were home caused the victim extreme anxiety and fear. All of this was committed during the defendant's repeat-offender period, and the crux of the case was the very high risk of him reoffending.
2. DAEON's Strategy
From the outset the victim showed severe anxiety and wanted real legal safeguards and strong punishment to ensure the defendant could never approach her again. I drafted the complaint to fully reflect her position, emphasizing the defendant's repeated pattern of offending, his repeat-offender record, and the grave act of breaking into her home. In particular, because the offense combined 'physical approach and threat' rather than mere contact, I called for the Stalking Punishment Act to be applied with full force, and the court ultimately sentenced the defendant to eight months in prison and ordered him to complete a stalking treatment program. Protecting a victim must aim beyond punishing the offender, at preventing any recurrence of similar crimes. My strategy is to first secure certainty of punishment before any question of settlement, and then, where necessary, pursue compensation negotiations in parallel.
3. Result - 8 Mo Prison
Shin Dong-woo