Strict outcome · Comparison Pair · Abuse of power
Ordinary defendant: 2y prison for stalking conviction
Harm
6-month repeated stalking, 1 victim
Sentence
2y
Court
District Court
Guideline
1y 6m – 2y 6m
Comparison thesis
Stalking Act: ordinary defendant 2y prison. Public official: suspended + fine.
Strict outcome · current case
2y
2y prison + 5y approach-prohibition
Ordinary defendant: 2y prison for stalking conviction
Ordinary citizen · Harm: 6-month repeated stalking, 1 victim
Lenient outcome
8m
8m prison, 2y suspension + ₩10M fine
Public-figure defendant: fine + suspended for stalking
Public official · Harm: Comparable stalking pattern
The 2021 Stalking Punishment Act was meant to standardize stalking sentences. Already, the data shows the same statute producing class-coded outcomes when 'voluntary withdrawal' and 'public service' read differently for different defendants.
Case summary
Under the 2021 Stalking Punishment Act, a defendant who repeatedly approached, photographed, and messaged a former partner over six months received 2 years of actual imprisonment plus a 5-year approach-prohibition order. The Sentencing Commission's stalking guideline anchors this conduct at 1y 6m to 2y 6m.
Disparity flags
Sources
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