From October 22, 2014 to March 24, 2016, the Defendant had the victim repeatedly send letters, pictures, etc. using the Kakao Stockholm message, mail, text message, etc. 47 times as shown in the annexed crime list, and caused the victim to feel fear or apprehension.

2. Determination

A. Article 74(1)3 and Article 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. are punished for repeatedly reaching other parties any codes, language, sound, sound, image, or motion picture that arouses fear or apprehension through an information and communications network.

Here, whether the phrase “an act of repeatedly reaching another person” constitutes “an 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 words, the frequency of sending the words, the circumstances before and after, and the other party’s situation, etc. (see Supreme Court Decision 2013Do7761, Dec. 12, 2013). In addition, in order to determine that an act of creating a series of apprehensions by using the information and communications network as mentioned above constitutes such act, each act should be considered as a series of repeated acts, inasmuch as it is closely related with each other, such as the distance of time and place, similarity of methods, the same opportunity, and the continuation

Therefore, in the case where a series of acts that cannot be assessed as such is only a series of non-consceptic acts, it is a separate crime, depending on the specific contents and degree of the text, such as the act of creating anxiety in the Punishment of Minor Offenses Act.