정보통신망이용촉진및정보보호등에관한법률위반등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. misunderstanding of facts and legal principles 1) As to the violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., the Defendant sent a text message as described in the list of crimes in the judgment of the court below. However, in light of the relationship between the Defendant and the victim, the circumstance the Defendant sent the text message, and the attitude of the victim who received the text message, it is difficult to view that it constitutes an act inducing fear or apprehension for the victim, and it is difficult to view that it is too repeated because it was merely divided according to the volume limit.
Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous by misunderstanding the facts and misunderstanding the legal principles.
2) As to defamation, the Defendant did not speak as described in Article 2-1 (a) and (b) of the criminal facts as indicated in the judgment below, and delivered the phrase “Seoul Young-gu” merely, and there is no performance by properly allowing G and H to “not speak to another person even at the time of delivery of the word.”
Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous by misunderstanding the facts and misunderstanding the legal principles.
B. Even if the sentencing was found guilty of all or part of the facts charged in the instant case, the lower court’s punishment (amounting to KRW 2,000,000) is too unreasonable.
2. Determination
A. Determination on the assertion on violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (1) is subject to punishment for repeated arrival of codes, text, sound, image, or motion picture that arouses fear or apprehension through information and communications networks under Article 74(1)3 and Article 44-7(1)3 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc.
Here, “the act of repeatedly reaching the other party,” which arouses fear or apprehension.