Defendant A, who has been engaged in malicious cyberbullying against actress Shin Se-kyung for several years, has been sentenced to 8 months in prison.
A has been confirmed to have used anonymous accounts to repeatedly post insulting expressions and threatening messages directed at Shin Se-kyung, as well as her family, acquaintances, and fans. The court ruled against A, who was indicted for defamation and intimidation, stating, "The offenses were repetitive and planned, and the level of threats was high, causing significant harm to society," and thus sentenced A to prison.
Malicious insults and threats carried out repeatedly over a long period have caused mental pain comparable to physical violence, and the court deemed this a clear crime. The prison sentence can be seen as a judicial declaration that clearly reveals the seriousness of such actions. This ruling is an exceptional case in which a prison sentence was handed down for cyberbullying against a public figure, and it is assessed as a significant turning point for the protection of victims of online crime, not only for entertainers.
The agency, The Present Company, stated, "As soon as we became aware of the damage to our artist, we took several official warnings and legal actions considering the severity of the situation, but the bullying did not stop and rather increased in intensity which led to this criminal complaint." It added, "This ruling will serve as a significant legal precedent warning our society about the seriousness of cyber violence, going beyond issues pertaining to a single actor."
The agency also stated, "The severity of the crime is merely a difference in the level of punishment, and the moment someone causes mental pain to others with malicious intent, they already bear responsibility as a perpetrator," and emphasized that "Acts that threaten someone's life or defame their honor while hiding behind anonymity are clear crimes not protected by freedom of expression." It added that, "This ruling presents a judicial message that clearly establishes legal boundaries and responsibilities between simple expressions of opinion online and criminal acts and will serve as an opportunity to bring about a shift in social awareness."
In particular, it stated, "Perpetrators must bear legal responsibility regardless of how long it takes, and in the event of similar acts occurring in the future, all legal means will be mobilized to respond decisively, with no leniency whatsoever."
Kim Ji-ae, a lawyer from Ascendant Law Firm, who has been representing the actress since the beginning of this case, noted, "This was a case of great concern due to the repeated mental suffering and the escalating patterns of bullying. If it weren't for the swift response of the agency and the prompt investigation by law enforcement in identifying the perpetrator and initiating criminal proceedings, all the efforts put into organizing evidence would have been in vain."
"Even if actions are conducted in cyberspace, there must be legal accountability for acts that infringe upon the dignity of others," she stressed. "This ruling carries a significant societal message that violent expressions that have been carelessly perpetrated online will no longer be tolerated."
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