A stalker who threatened "I feel like I'm living in prison" is fined... I analyzed the judgment.

It has been almost a year since the Stalking Punishment Act was enforced, but stalking crimes, including the murder at Sindang Station, are repeating again and again.

SBS analyzed all the judgments of the first trial nationwide to see what kind of punishment the stalkers who were handed over to the trial were being punished.

Excluding judgments with limited access to appeals and access, there were a total of 149 cases for various reasons.

However, excluding stalking crimes arising from everyday conflicts such as parking disputes or noise between floors, most of the stalking crimes occurred in relationships with ex-lovers or married couples, accounting for 84.6%.

Stalking criminal behaviors are also different.

In addition to stalking, there have been 25 cases of breaking into the victim's residence or visiting the workplace.

There were also 15 cases of hitting, kicking, or injuring victims, including assaults and injuries.

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A stalker who threatened "I think I'll live in prison" is fined

What are the penalties for stalkers?

The most common type of punishment is probation of imprisonment with 49.2%.

Fines (25.4%) and imprisonment (20.6%) followed.

You can guess the level of punishment by looking at the actual judgment cases.

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The stalker, who was contacted dozens of times and even ordered to restrain access, threatened the victim, saying, "I will be sentenced to prison for the report received."

Some of the sentences reminded me of the Sindang Station murder case.

A man who was walking down the street looking for a victim with a 38cm-long weapon attached to his belt.

After interrogation, he found the victim at a pub and stabbed him in the arm and neck, causing fatal wounds, but was sentenced to five years in prison on charges such as the Stalking Punishment Act and attempted murder.

Also, the man who sent a photo of a knife taken in front of a woman's house, saying, "I will risk my parents and attack with a knife," was sentenced to 8 months in prison and 2 years of probation.

"Reflect" 74.6%...

Reduced sentence due to non-punishment

Why was such a 'sloppy' judgment made?

Examining the reasons for sentencing in detail, most of the sentences (74.6%) commuted their sentences for acknowledging or reflecting on the crime.

In addition, the fact that the victim did not want to be punished or that they agreed to each other was also reflected in favor of the perpetrator's sentencing.

However, under the current law, stalking is a 'unintentional non-punishment crime' that cannot be charged unless the victim does not want to be punished.

There were three cases in which only the charge of stalking was dismissed on the ground that the victim did not want to be punished even though he admitted other charges.

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‘Agreement’ in the judgment…

What is the hidden meaning?

The word 'agreement' was frequently found in judgments.

Not only did they reach an agreement and the sentence was commuted, but there were also cases of continuous contact asking for an agreement.

Shindang Station murderer Jeon Joo-hwan continued to demand an agreement from the victim before the trial of the first trial.

Stalkers relentlessly demand an agreement.

Experts point out that it is a defense strategy to lower the sentence, not an agreement made out of genuine reflection.

As mentioned above, the sentence may be commuted because an agreement has been reached.

However, in order to understand the hidden meaning of the 'agreement' in the judgment, we need to listen more closely to the victims' voices.

We contacted several stalking victims reported by SBS in the past and asked whether they agreed with their daily life that has changed since then.

One stalking victim says he had no intention of agreeing to an agreement, but over time he came to an agreement with the perpetrator for fear of “being harmed”.

He said he was worried that close acquaintances such as work and friends would overlap and meet again after punishment.

But for a long time, the victims began to erase their traces on their own.

He went out on his own to find ways to protect himself, including moving, changing jobs, and confessing that he was in psychiatric care.

At the end of the story where the daily life was destroyed, I asked, "Then what kind of punishment the stalker received?"

It is said that he was sentenced to 'probation of imprisonment' for making an agreement with the victim and reflecting on the crime.

(Planning: Shin Jeong-eun / Analysis: SBS Data Journalism Team Strikes / Data Research: Scripters Lee So-eun, Kim Lee-won)