SD v SeoulPig 2020 Crim 17
SD v SeoulPig 2020 Crim 17
| Date of judgment | 18th November 2020 |
|---|---|
| Judge | Justice TheMainCharacter |
| Charges | 1 charge of Spam (Article 43 of the Criminal Code) |
| Verdict | Guilty of 1 charge of Spam |
| Sentence | 24 hour mute |
| Applicable persuasive precedent |
Judgement by Justice TheMainCharacter
Introduction
1 The defendant stands accused of spam for posting the same image, bearing the text "TURN OFF SLOWMODE PLEASE", thrice within the span of one minute.
Summary of the defense
[2]. The defense argues that due to the minimal number of times the image was posted (three), it is unlikely to have been disruptive.
[3]. The defence also states that since a person had requested the image to be posted, it was not unwanted.
The court
[4]. In Kamray23, the court found that the "definition of spam is based on what could happen, rather than what happened, as the definition is in future tense, and can reasonably be predicted could happen". The court finds that posting the same image in quick succession can be reasonably predicted to disrupt other's conversation.
[5]. The court finds that although three messages is a minimal amount, due to them being posted in a very short time, it is still likely to be disruptive.
[6]. The court rejects the argument that it was not unwanted content since it was requested by an individual. Consent is not a valid defense for crimes which affect the public as a whole, since it is impossible to get consent from all the people who are affected.
Verdict
[7]. The court finds SeoulPig#1641 guilty of spam. Due to this being only a minimal instance the court sentences them to a mute of 24 hours. The mute shall go into effect immediately.
