Stalking & Damage Charges due to Noise Dispute: Prison Avoided with Fine
26-09-10 43
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■ Case Overview
Due to an escalating inter-floor noise dispute, the client impulsively threw filth on the neighbor's front door, damaged the door lock, and posted an insulting warning sign in the hallway. As a result, the client faced a criminal trial with four overlapping charges: Violation of the Act on Punishment of Crime of Stalking, Property Damage, Defamation, and Violation of the Punishment of Minor Offenses Act.

■ Crisis (Risk of Punishment)
Recently, social awareness regarding stalking crimes has increased, leading to much heavier court punishments. In this case, with multiple criminal charges recognized and the victim complaining of severe mental distress, petitioning for strict punishment, and stubbornly refusing to settle, there was a very high risk of imprisonment.

■ Attorney Assistance (Customized Defense Strategy)
Law Firm Theo's dedicated criminal defense team immediately analyzed the situation and established a meticulous sentencing strategy to avoid imprisonment.
- Strategic Use of Criminal Deposit: It was a highly unfavorable condition where the victim refused not only a settlement but also the receipt of deposit money. However, Theo's defense team did not give up and promptly proceeded with a criminal deposit to prove to the court that the client was making sincere efforts toward damage recovery, actively arguing this as a favorable sentencing factor.
- Proving Complete Prevention of Reoffending Risk: To prevent the "recurrence of stalking crimes," which the court fears most, the client was advised and assisted in preemptively moving to a different residence. Through this, it was logically explained to the court that the possibility of further access to the victim or additional crimes had been completely eliminated.
- Sincere Remorse and First-Time Offender Status: The defense strongly argued, along with relevant sentencing data, that the client committed the crime impulsively in a moment of anger but is currently deeply remorseful, and is a first-time offender with no prior criminal record.

■ Overwhelming Result of Trial
Despite the unfavorable situation where the victim remained unforgiving, the court actively acknowledged Law Firm Theo's systematic defense and sentencing arguments as valid. As a result, despite the overlapping of multiple serious criminal charges, the client avoided imprisonment and achieved a miraculous leniency of a 'fine (8 million won)'.

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