정보통신망이용촉진및정보보호등에관한법률위반
The defendant shall be innocent.
1. The summary of the facts charged is that the Defendant sent the victim’s mobile phone to verify the fact by suspicion that wife was the victim D and interested parties, but the victim was not the victim’s cell phone. On June 24, 2015, around 16:56, the Defendant sent the victim’s cell phone with the victim’s cell phone with the phrase “if the Defendant does not have any contact, she sent the victim’s cell phone,” and then sent the victim’s text message using the same method as indicated in the list of crimes in attached Form 13:15 until the next 04:15.
2. Article 74(1)3 and Article 44-7(1)3 of the Act on Promotion of the Use of Information and Communications Networks and Protection, etc. of Information and Communications Network Utilization (hereinafter “Information and Communications Network”) punish a person who repeatedly sends words, text, sound, image, or motion picture that arouses fear or apprehension through an information and communications network to reach another person.
Here, whether “the act of repeatedly reaching another person” constitutes “the act of repeatedly causing fear or apprehension” ought to be determined by comprehensively taking into account the contents of the language and text sent by the Defendant to the other party and the method of expression, the implications of the expression, the relationship between the Defendant and the other party, the developments leading up to sending the text, the frequency of sending the text, the circumstances before and after, and the other party’s situation, etc. (see Supreme Court Decision 2013Do761, Dec. 12, 2013). In light of the following circumstances acknowledged through each evidence duly adopted and investigated by the prosecutor in this court, evidence submitted by the prosecutor alone proves that there was no reasonable doubt that the Defendant repeatedly sent text messages causing fear or apprehension to the mobile phone of the victim to the other party.
It is difficult to see, and there is no other evidence to prove it.
The wife of the victim and the defendant shall be the victim.