Complaint about noise between floors over 100 times, sued for stalking... What is the prosecution’s decision?

For 3 years, I committed stalking by going to the house above me or filing a complaint... “It created anxiety.”
Prosecutor's Office: "Stalking is not a crime just because the other generation does not want to hear complaints" Not prosecuted

A woman who was handed over to prosecutors on charges of stalking her neighbor for years for protesting inter-floor noise was acquitted.

On the 13th of last month, the Seoul Southern District Prosecutors' Office decided not to indict Mr. A, a man in his 50s, who was suspected of violating the law on the punishment of stalking crimes.

Mr. A is accused of stalking his neighbor B, who lives in the upper house, for about 3 years since 2021 due to noise between floors.

It is known that Mr. A approached Mr. B by frequently visiting Mr. B's house or filing a complaint through the management office.

Mr. B filed a complaint with the police, saying that even though he did not make noise, Mr. A continued to make misidentification complaints and came to his house to create anxiety.

Person A denied the charges.

An arbitration committee was held to resolve the inter-floor noise issue, but Mr. B refused to comply, claiming that he was only filing a legitimate complaint with the management office.

The prosecution decided not to indict Mr. A.

The prosecution said, “Looking at the records, there were related complaints in other rooms as well, and based on these, it appears that inter-floor noise was real.” He also added, “The suspect has been filing complaints for a long time, causing inconvenience to not only the complainant but also related parties such as the management office, and has exceeded the normal occupancy limit.”

However, he added, “The dispute was not resolved, so there was no other way to complain about the damage other than filing a complaint.” He added, “The act of filing a complaint itself cannot be said to be a stalking crime just because the other generation expressed that they do not want to hear the complaint.”

Attorney Ji Min-hee of Daeryun Law Firm, who represented Mr. A, explained, "In order to determine whether stalking is a crime, it is necessary to determine the context and see whether anxiety or fear was caused without a justifiable reason. Mr. A only filed a complaint to resolve the problem in a situation where he suffered from noise between floors for a long time, and he proved his innocence by emphasizing that he had no intention of causing anxiety to Mr. B."

#Noise between floors #Stalking accusation #Prosecution non-indictment #Accident

Park Seok-ho (haitai2000@ikbc.co.kr)

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Complaint about noise between floors over 100 times, sued for stalking... What is the prosecution’s decision? (Shortcut)