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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Decision 2022Do12037 Decided May 18, 2023 【Violation of the Act on Punishment of the Crime of Stalking; Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Whether the act of inducing anxiety and fear in another person by making another person’s phone keep ringing or leaving multiple missed calls constitutes stalking as stated in Article 2 Subparag. 1 Item (c) of the Act on Punishment of the Crime of Stalking, regardless of whether telephone conversations have actually been made (affirmative) [2] In a case where an offender made an unwarranted telephone call against the will of another person, engaged in a conversation, and had his speech actually be arrived at that individual, whether these actions may constitute the act of stalking as stated in Article 2 Subparag. 1 Item (c) of the Act on Punishment of the Crime of Stalking, even though it is not revealed that the telephone conversations were of the nature that they induced anxiety or fear in the said individual (affirmative with restriction) Whether the act of stalking as stated in the abovementioned provision is applicable in a case where the offender made a call to another person but did not make any utterances, thereby not completing the act of “enabling the speech to be arrived at [the receiver]” (affirmative with restriction) | |
