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Back台東地方法院判決陳姓男子無罪 法官認定訊息傳送未構成跟蹤騷擾
台東地方法院判決陳姓男子無罪 法官認定訊息傳送未構成跟蹤騷擾
NEWS
自由时报34 minutes agoLaw2 min readChina

台東地方法院判決陳姓男子無罪 法官認定訊息傳送未構成跟蹤騷擾

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台東地方法院審理一起婚外情衍生的跟蹤騷擾案,認定陳姓男子與已婚女子長期親密交往,其傳送訊息屬情緒抒發,未達跟蹤騷擾防制法所規定的「反覆或持續」要件,判決無罪。

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Why It Matters

陳姓男子與已婚女子因家庭交情深厚,於民國110年在台南活動中發生親密接觸,其後維持近三年交往關係。女方提出分手後,陳男透過通訊軟體傳送訊息,被女子丈夫提告跟蹤騷擾。

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台東地方法院。(記者黃明堂攝)

一名陳姓男子與已婚女爆發婚外情,兩人交往多年後,女方提分手,陳男因不甘,陸續透過通訊軟體傳送「分手要自殺」、「將交往之事公開」等訊息,遭女方丈夫發現後向警方提告跟蹤騷擾。案經台東地方法院審理,法官認定兩人確曾交往,陳男行為也未符合跟蹤騷擾防制法之構成要件,判決陳男無罪。

判決指出,陳男與這位女子原本各自擁有家庭,兩家交情頗深。民國110年間兩人一同前往台南參加活動時,陳男突然在飯店房間內擁抱她表達追求之意,她被陳男的言語與文字打動,自110年至113年5月長達近3年的交往期間內,雙方不僅頻繁私下相約見面,且每次見面均有親吻、擁抱等肢體親密接觸,甚至發展成一種習慣。

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檢方起訴主張陳男在兩人交往期間至113年初,不顧女方拒絕,持續發送拒絕分手、揚言公開交往細節等訊息進行干擾,涉犯跟蹤騷擾罪。然而,陳男於庭訊時堅稱兩人當時正處於交往狀態,訊息內容僅是兩人口角時的情緒抒發,並無跟騷意圖。

法官在審理後,認定雙方係在親密交往期間互有互動,陳男在雙方保持親密交往及頻繁互動的前提下傳送訊息,訊息內容未達心生畏怖,亦不符合「反覆或持續」要件,客觀上未達使一般人感到明顯不安恐懼、逾越社會通念容忍界限的程度。至於陳男雖曾傳送「別這樣對待而讓我全盤說出後自殺」等威脅文字,客觀上雖足使人心生恐懼,但該行為屬偶發單一事件,並不符合跟騷法所規定的「反覆或持續」要件。

Open Questions

  • 女子是否曾明確告知陳男停止聯絡?
  • 訊息內容是否已被保存為證據?
  • 法院是否有提供類似案件的參考判例?

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