Harboring Grudge for School Bullying, Committed Crime
Changed Instagram Profile Picture to Ghost to Approach
"Repeated and Continuous Induction of Anxiety and Fear"
A man in his 20s who took revenge on a former classmate who bullied him during school days by using a 'ghost profile picture' was sentenced to a fine for stalking.
According to the legal community on the 9th, Judge Kim Jae-eun of the Criminal Division 13 of the Seoul Southern District Court sentenced A (26) to a fine of 2 million won for violating the Act on the Punishment of Stalking Crimes (Stalking Punishment Act). He was also ordered to complete a 40-hour stalking treatment program.
"Bullied during school days" planned the crime
A held a grudge against B, a former classmate who he thought had bullied him during school days, and planned a unique method of crime. In October last year, he created an account with a name similar to B’s Instagram account and viewed B’s Instagram stories.
A person in their 20s who took revenge on a former classmate who bullied them during school days by using a 'ghost profile picture' was fined for stalking. The reference photo is not directly related to the content of the article. [Image source=Pixabay]
Stories are a service on Instagram that allows sharing photos and videos for 24 hours, and the poster can see who has viewed the story.
A changed the profile picture of the account he created to a ghost and sent a follow request to B. Then, by repeatedly pressing the 'like' button, he made sure B saw the ghost photo.
When B blocked the account, A created another similar account, changed the profile picture to a ghost again, and continued the crime. He is accused of repeatedly and continuously causing anxiety and fear through this behavior.
The court sentenced him to a fine, stating, "Considering that the defendant confessed to the crime, the circumstances, nature, degree, and aftermath of the crime, the fact that he was not forgiven by the victim, his age, character, occupation, environment, and criminal record (first offense), the sentence was determined by comprehensively considering various sentencing factors."
Repeatedly sending photos via information and communication network also counts as stalking
According to the Stalking Punishment Act, "Acts that cause anxiety or fear to the other party without justifiable reason against the other party’s will" are defined as stalking. This includes not only direct approach but also sending objects, writings, words, symbols, sounds, or pictures via information and communication networks.
The scope of punishment for stalking is gradually expanding. The Supreme Court recently ruled that "even if individual acts are relatively minor, if the cumulative and repeated acts are sufficient to cause anxiety or fear, the entire conduct can be considered guilty."
Case of stalking by following on Instagram 141 times
Cases of stalking through social networking services (SNS) are also emerging. In March, a woman in her 20s, C, was fined 7 million won for violating the Stalking Punishment Act after requesting to follow a private Instagram account 141 times over a week despite being asked not to contact.
C showed excessive obsession and interest in a female instructor at a spinning center she attended from August to October last year. After being refused re-registration at the center, she sent 22 KakaoTalk messages and requested to follow the instructor’s Instagram account 141 times, stalking her.
The court at the time stated, "In the case of this SNS, accounts can be set to public or private, and if private, when a follow request is received, a message saying ‘requested to follow’ along with the profile picture is shown, which is recognized as delivering writings and pictures subject to the Stalking Punishment Act."
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