40s Accused of 'Stalking' After Being Sued for Malicious Texts... Released in Appeal Trial

8 Months Imprisonment with 2 Years Probation
Sent 41 Malicious Text Messages

A man in his 40s who repeatedly sent malicious text messages and was sued for stalking was sentenced to 8 months in prison with a 2-year probation.

[Asia Economy Kim Gun-chan, Intern Reporter] A man in his 40s who was accused of repeatedly sending text messages that caused anxiety to an employee of his father's company was detained in the first trial court but was released after receiving a suspended sentence in the appellate court.

On the 21st, the 4th Criminal Appeals Division of the Incheon District Court (Chief Judge Kim Yong-jung) announced that it overturned the original sentence of one year imprisonment for A (43), who was tried for violating the Act on the Punishment of Stalking Crimes, and sentenced him to eight months imprisonment with a two-year suspension.

He was also ordered to undergo probation and attend 40 hours of stalking crime recidivism prevention lectures, the same as in the first trial.

A was prosecuted on charges of stalking by sending 41 text messages containing content that caused anxiety to B, an employee of the company operated by his father, from October to November last year.

It was confirmed that he had previously sent 210 malicious text messages to B from August to September of the same year and was accused. It was investigated that he stalked B to harass him afterward.

The first trial court sentenced him to imprisonment, stating, "He committed stalking crimes despite knowing that an investigation was underway due to the victim's accusation," and detained him in court. He appealed, claiming, "The sentence is too heavy and unfair."

The appellate court stated, "The defendant continuously sent text messages causing anxiety and fear to the victim," and "The victim is complaining of severe mental distress and wants the defendant to be punished."

The court explained the sentencing reason, saying, "The defendant admitted to the crime and has no other criminal record except a fine for violating the Special Act on Traffic Accident Handling around 2007," and "Considering the sentencing conditions comprehensively, the original sentence is judged to be somewhat heavy."