[Red Light Women’s Safety] Phone and Message Bombardment After Breakup Notice... Lenient Courts on 'Stalking'

②Stalking Cases Reached 10,545 in 2022
Controversy Over Lenient Sentences Like Probation and Fines for Secondary Crimes Such as Trespassing and Violence

Editor's NoteAccording to a survey by the Ministry of Gender Equality and Family, 4 out of 10 women in South Korea have experienced sexual crime at least once. In particular, dating violence and stalking crimes have been on the rise every year. Since these crimes mainly occur in romantic relationships, they are often overlooked or not properly addressed. Even when crimes are reported, lenient punishments such as non-custodial investigations often result in secondary crimes. This series, in two parts, examines the reality of crimes against women and explores legal and institutional loopholes and improvement measures.

Incidents of 'stalking crimes' targeting ex-lovers and others have recently surged. In particular, after a breakup notification, offenders persistently make calls or send messages, and in some cases, escalate to secondary crimes such as trespassing and violence. However, many cases receive lenient sentences such as probation or fines, leading to growing calls for stricter punishments.

According to the legal community on the 23rd, Judge Jung Won of Criminal Division 11 at the Seoul Eastern District Court sentenced A (25), who was indicted for violating the Stalking Punishment Act and trespassing, to six months in prison with a two-year probation on the 17th. He was also ordered to undergo probation and attend 40 hours of stalking crime recidivism prevention lectures.

A entered the victim's residence in Gwangjin-gu, Seoul, by inputting the shared front door password and knocking on the door on April 6 and 8 last year after breaking up with his girlfriend. In June of the same year, he was found to have knocked on the door, kicked it, and shouted.

Additionally, on the 10th, B (35), who was indicted for violating the Stalking Punishment Act and assault, was sentenced to one year and six months in prison at the Seoul Eastern District Court. On June 25 last year, B repeatedly punched and kicked his girlfriend in the rooftop room located in Songpa-gu, Seoul.

The next day, on the 26th, he struck the victim multiple times on both cheeks and the chin and kicked her waist. The victim sustained injuries requiring about three weeks of treatment. Although B was notified of the breakup on the 28th of the same month, he continued to call and send messages to the victim. The court stated, "The defendant stalked by repeatedly making calls and sending messages without justifiable reason against the victim's will, causing anxiety and fear."

Stalking crimes are established when there are repeated acts rather than one-time incidents. Types include ▲approaching, following, or blocking the path of the other party without justifiable reason against their will ▲waiting or watching near places where the victim regularly lives or frequents ▲sending objects, writings, words, symbols, sounds, pictures, videos, or images via mail, phone, fax, or information and communication networks ▲delivering objects directly or through third parties or leaving them near the victim's residence ▲damaging objects placed near the victim's residence.

Those who commit such stalking crimes face imprisonment of up to three years or fines up to 30 million won. However, actual punishments tend to be more lenient. According to the '2023 Judicial Yearbook,' there were 959 first-instance rulings related to the Stalking Punishment Act in 2022, with probation (300 cases) and fines (216 cases) accounting for more than half, 53.8% of the total.

Meanwhile, stalking crimes are rapidly increasing. According to the National Police Agency crime statistics, stalking incidents rose from 1,023 cases in 2021 to 10,545 cases in 2022. Approximately 80% of those arrested were male. Professor Lim Joon-tae of Dongguk University's Department of Police Administration said, "Stalking crimes are increasing, and courts need to make strict judgments to have a punitive effect," adding, "Lenient punishments may lead to retaliatory crimes."