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| TITLE | Seoul High Court 2022Noh2157 Decided November 24, 2022: Confirmed 【Violation of the Act on the Aggravated Punishment of Specific Crimes (threat of retaliation, etc.), Violation of the Act on Punishment of Crime of Stalking, and Violation of the Act on Special Cases Concerning the Punishment of Crimes of Domestic Violence】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 In the case where: the Defendant was indicted for violating the Act on Special Cases Concerning the Punishment of Crimes of Domestic Violence and the Act on Punishment etc. of Crime of Stalking on the grounds that although the Defendant was given by the court temporary restraining order decision of “no access within 100 meters of Plaintiff and no access of telecommunications” for domestic violence behavior of going to Defendant’s spouse A and threatening A, Defendant did not implement the temporary restraining order and at the same time stalked the Plaintiff by sending text messages or photograph files to the Plaintiff continuously and repeatedly for a period of one month, causing missed phone calls to appear on the Plaintiff ’s mobile phone and climbing onto the rooftop of the Plaintiff’s residence, etc., the case found the Defendant guilty of the entire charges on the grounds that the act of sending sounds directly through an information and communications network, as well as the act of causing the sound created by the other party’s phone (the ringtone of the phone, missed phone call signs), and the act of causing missed call signs to appear on the other party's mobile phone continuously and repeatedly causes anxiety and fear as much as the act of making a message or sign reach. | |
