Violating a stalking provisional measure or emergency measure: what is the statutory penalty?

Legal basis: Act on the Punishment of Stalking Crimes, Article 20(2) and (3). Statutory penalty: Violating a provisional measure: up to 2 years in prison or a fine of up to KRW 20 million / Violating an emergency measure: up to 1 year in prison or a fine of up to KRW 10 million.

Violating a stalking provisional measure or emergency measure: 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.

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Violating a stalking provisional measure or emergency measure: statutory penalty and likely requested sentence

The statutory penalty for Violating a stalking provisional measure or emergency measure and the likely handling of the case depending on your circumstances. The results are for reference only.

Statutory penalty: Violating a provisional measure: up to 2 years in prison or a fine of up to KRW 20 million / Violating an emergency measure: up to 1 year in prison or a fine of up to KRW 10 million
Legal basis: Act on the Punishment of Stalking Crimes, Article 20(2) and (3)
Category: Violence · Stalking Punishment Act

Calculate with your own circumstances

Which measure did you violate?

An emergency measure by the police (no-contact order, etc.)A provisional measure by the court (no approach within 100 m, no contact)

Circumstances

Settlement or the victim not wanting punishment, compensation for the harm, sincere remorse and a first offense are mitigating; planning, serious harm and prior convictions of the same type are aggravating.

More mitigating circumstancesAbout evenMore aggravating circumstances

Answer all 2 questions and the estimate appears right away. (0/2)

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
1 year 8 months to 2 years in prison
Formal trial (prison sentence requested)
Likely requested sentence
1 to 2 years in prison, or a fine of KRW 3 million to 15 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 7 million
Formal trial (prison sentence requested)
Likely requested sentence
1 year in prison (the statutory maximum), or a fine of KRW 5 million to 10 million
Formal trial (prison sentence requested)
Likely requested sentence
8 months to 1 year in prison, or a fine of KRW 2 million to 6 million
Formal trial (prison sentence requested)
Likely requested sentence
Up to 1 year in prison, or a fine of KRW 1 million to 3 million

Notes

An emergency measure is an order, such as a no-contact order, that the police issue directly in urgent situations; a provisional measure is an order issued by the court at the prosecutor's request.
If you violate a measure, a stronger provisional measure, such as being held in a police cell or detention center, may be imposed.
It is often punished together with the stalking crime itself.

Frequently asked questions

Violating a stalking provisional measure or emergency measure: what is the statutory penalty?: Legal basis: Act on the Punishment of Stalking Crimes, Article 20(2) and (3). Statutory penalty: Violating a provisional measure: up to 2 years in prison or a fine of up to KRW 20 million / Violating an emergency measure: up to 1 year in prison or a fine of up to KRW 10 million.
Violating a stalking provisional measure or emergency measure: 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

See the full list of crimes

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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