정보통신망이용촉진및정보보호등에관한법률위반등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. (1) The message sent by Defendant 1 to the victim by misunderstanding the facts and misunderstanding the legal doctrine is not a content that arouses fear or apprehension, and thus, the crime of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.
The crime of intrusion upon residence is not established because the victim's implied consent was obtained and entered the victim's house, and even without the consent, the defendant knew that the consent was obtained from the victim.
Since the victim did not raise any objection after the defendant replaced a record, as well as continued to use the record that the defendant replaced, it shall be deemed that the defendant consented to the replacement of the record, and even without the consent of the victim, the crime of damage to property is not established since the defendant was replaced with being aware that the consent of the victim was obtained even without the consent of the victim.
(2) The punishment sentenced by the lower court (an amount of KRW 700,000) is too unreasonable.
B. According to the prosecutor’s (1) misunderstanding of the facts, fluoral damage photographs, photographs taken by the defendant, etc. taking the image of the defendant’s reciting the situation at the time, it can be recognized that the defendant has inflicted damage on the defendant's fluoring of the victim’s residence door by several times. Thus, the crime of property damage is established.
(2) The sentence sentenced by the lower court is too unfortunate and unreasonable.
2. Determination
A. As to the Defendant’s assertion of misunderstanding of the legal principles, (1) as to whether the establishment of a crime of violating the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc. is established, and Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. are punishing the act of repeatedly allowing the other party to reach the other party any codes, text, sound, image, or motion picture creating fear or apprehension through the information and communications network.
Here, the phrase "inciting fear and apprehension" is interpreted.