[2023 National Audit] Only 1 in 4 Stalking Crime Convictions Result in Prison Sentences... Suspended Sentences and Acquittals Increasing

It has been revealed that less than one in four offenders prosecuted for violating the Stalking Punishment Act receive a prison sentence.

According to data received from the Supreme Court by Park Yong-jin of the Democratic Party of Korea on the 10th, among 959 people prosecuted last year for violating the Stalking Punishment Act, only 218 were sentenced to imprisonment in the first trial. This accounts for just 22.73%.

Seoul Central District Court, Seocho-gu, Seoul. Photo by Jinhyung Kang aymsdream@

From January to June this year, among 1,264 people who faced first trial for violating the Stalking Punishment Act, only 196 received prison sentences, making up 15.51% of the total. Although the number of people prosecuted for stalking crimes has significantly increased, the rate of legal punishment has actually decreased.

On the other hand, the rates of probation and acquittal have increased. Last year, 312 people (32.53%) accused of violating the Stalking Punishment Act were sentenced to probation in the first trial, and 11 people (1.15%) were acquitted. By June this year, among those prosecuted, 445 people (35.21%) received probation and 18 people (1.42%) were acquitted, both higher than last year. In response, the legal community has pointed out that courts are reluctant to impose 'provisional measures' aimed at early prevention of stalking offenses.

Meanwhile, regarding Provisional Measure No. 4, which allows detaining offenders who have committed severe stalking offenses in detention centers for up to one month, the police applied for a total of 295 cases last year, but only 168 cases (56.95%) were accepted. This acceptance rate is significantly lower than that of Provisional Measure No. 2, which blocks victim access (88.14%), and Provisional Measure No. 3, which prohibits communication with the victim (88.57%).

Lawmaker Park stated, "It has been a year since the public was disappointed by the complacent response of the prosecution, police, and courts in the Sindang Station murder case, but the courts remain passive in protecting victims," adding, "Provisional measures must be imposed promptly on offenders, and punishments commensurate with the crimes must be enforced to protect victims."