A man posted several messages at his brother's house... Prosecutor: “It’s not stalking.”

Man A sent to prosecutors on charges of violating the stalking punishment law
Prosecutors decide not to indict because “there was no threatening content in the note”

A man who visited the brothers' house several times and left notes was handed over to the prosecution on charges of stalking, but was not indicted.

The Ansan Branch of the Suwon District Prosecutors' Office announced on the 18th of last month that it had decided not to indict Mr. A, who was suspected of violating the Act on the Punishment of Stalking Crimes.

Mr. A was investigated for about 1 year and 6 months starting in November 2022 on charges of visiting the residence where his brothers live and posting notes on the front door several times.

During the investigation, Mr. A denied the charges, saying, "My eldest sister was suffering from mental difficulties, but she was virtually neglected by the other siblings, and because of that, she was often seen wandering the streets, so I only visited her to check on her well-being."

However, the police reported that Mr. A had intentional stalking and transferred the case to the prosecution.

The prosecution determined that Mr. A was not guilty. After reviewing the note left by Mr. A, the main reason was that it was only concerned about his sister's well-being or informing him of the date and time of the next visit, and did not contain any threatening content.

The prosecution also added that it appears that there was an inheritance-related dispute between the brothers over the residence in question, and that the victims also took into account the fact that they had not explicitly expressed their intention not to come to the suspect until the time of reporting.

Lawyer Jeong Doo-yeon of Daeryun Law Firm (Lihan), who represented Mr. A, explained, "In order to establish a crime of stalking, it must be clearly proven that the act was committed without a 'legitimate reason' and whether it was to the extent of causing 'fear' to the victim," adding, "In the case of Mr. A, he was not indicted because he emphasized that he only left a note asking how he was doing and did not engage in any threatening behavior."

At the same time, he emphasized, "As the scope of application of the stalking punishment law has expanded, stalking charges are often applied to disputes that occur between family members or neighbors. As social awareness related to stalking has become more stringent, if you are accused of stalking, you must receive assistance from an expert."

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