日本一女子给前男友帖子点赞14次被判有罪:东京地方法院判拘禁6个月、缓刑3年

日本东京地方裁判所11月10日对一桩按「点赞」定罪的跟踪案作出判决:33岁的被告斉藤芹奈在已收到禁止接近命令的情况下,仍给前男友在 X 上的帖子点赞14次并转发1次,法院认定其违反日本《跟踪规制法》,判处拘禁6个月,缓刑3年,缓刑期间接受保护观察。共同社说,仅因在社交媒体上点赞而被起诉并定罪,在日本相当罕见。
判决认定的经过是:斉藤芹奈在今年2月被男方提出分手后,不断通过 LINE 向对方发消息,2月14日被逮捕,3月3日收到依据《跟踪规制法》发出的禁止命令;5月27日,她已因对同一男子的跟踪行为被判罚金20万日元并获释。仅仅一周后的6月3日,她又给对方在 X 上的帖子点赞14次、转发1次,因此再次被起诉。
主审法官林欣寛在判决中说,被告在因同一对象受处罚仅一周后就再次作出这些举动,行为执拗,被告是出于满足恋爱感情等目的而作出反应,难逃严厉谴责;同时考虑到她承诺删除 X 应用等反省表现,法院判处缓刑并附保护观察。检方此前求刑拘禁6个月。辩方曾主张这些举动不是出于恋爱感情目的,要求判无罪。
需要说明的是,这项判决的基础是被告已经收到禁止命令,法院认定的是违反命令的接触行为,而不是一般人在社交媒体上点赞本身违法。
(来源:日本东京地方裁判所)
Japanese Woman Convicted over 14 Social Media 'Likes': Tokyo Court Hands Suspended Detention Sentence in Stalking Case
The Tokyo District Court ruled on Nov. 10 in an unusual stalking case built on social media "likes": Serina Saito, 33, pressed "like" 14 times and reposted once on her former boyfriend's posts on X even after a no-contact order had been issued against her. The court found her guilty of violating Japan's Stalker Regulation Act and sentenced her to six months' detention, suspended for three years with probation. Kyodo News said it is rare in Japan for someone to be prosecuted and convicted over social media likes.
According to the ruling, after the man ended the relationship in February this year, Saito kept sending him messages on LINE and was arrested on Feb. 14; on March 3 she received a prohibition order under the Stalker Regulation Act, and on May 27 she was fined 200,000 yen and released in a stalking case involving the same man. Just one week later, on June 3, she liked his posts on X 14 times and reposted once, and was prosecuted again.
Presiding Judge Yoshihiro Hayashi said in the ruling that repeating the conduct only a week after being punished over the same man showed persistence, that she had reacted to the posts in order to satisfy romantic feelings, and that the conduct could not escape severe condemnation; taking into account signs of remorse, including her promise to delete the X app, the court suspended the sentence with probation. Prosecutors had sought six months' detention. The defense had argued the actions were not motivated by romantic feelings and sought an acquittal.
The basis of the conviction was that Saito was already under a prohibition order, and what the court punished was contact in violation of that order, not the act of liking a post on social media by an ordinary user in itself.
(Source: Tokyo District Court)
来源:日本东京地方裁判所
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图片来源:图:东京霞关的法院大楼,东京地方裁判所所在地。照片:663highland,CC BY 2.5,经 Wikimedia Commons。 / Photo: The courthouse building in Kasumigaseki, Tokyo, home to the Tokyo District Court. Photo by 663highland, CC BY 2.5, via Wikimedia Commons.
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