Calculators & Self-ChecksProsecution Request Estimator
Stalking: statutory penalty and likely requested sentence
The statutory penalty for Stalking and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Up to 3 years in prison or a fine of up to KRW 30 million (up to 5 years in prison or a fine of up to KRW 50 million if carrying or using a weapon or other dangerous object)
- Legal basis
- Act on the Punishment of Stalking Crimes, Article 18
- Category
- Violence · Stalking Punishment Act
Calculate with your own circumstances
What the handling steps mean
- Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
- Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service
Handling standards at a glance
Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.
Formal trial (prison sentence requested)
- Likely requested sentence
- 2 to 5 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 year 4 months to 3 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- Up to 1 year 8 months in prison, or a fine of KRW 3 million to 20 million
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 year 8 months to 3 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 to 2 years in prison, or a fine of KRW 5 million to 20 million
Formal trial (prison sentence requested)
- Likely requested sentence
- Up to 1 year 4 months in prison, or a fine of KRW 1 million to 10 million
Notes
- Stalking is when someone, against the other person's wishes, keeps approaching or following them, waiting near their home or workplace, or contacting them through calls, texts or messenger apps, continuously or repeatedly, causing anxiety or fear.
- Since a 2023 amendment, stalking can be punished even if the victim does not want punishment.
- During the investigation, measures such as a no-contact order or an electronic location-tracking device may be imposed, and violating them is punished separately.
Frequently asked questions
- Stalking: what is the statutory penalty?
- Legal basis: Act on the Punishment of Stalking Crimes, Article 18. Statutory penalty: Up to 3 years in prison or a fine of up to KRW 30 million (up to 5 years in prison or a fine of up to KRW 50 million if carrying or using a weapon or other dangerous object).
- Stalking: how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Formal trial (prison sentence requested). Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.
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