Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

A. It is true that the Defendant sent text messages or posted them on the Internet as stated in the lower judgment’s criminal facts No. 1.

However, this is a false fact that D, at the time, commits a sexual indecent act against D, etc., and the defendant was threatened or constantly expressed a desire to restrain or warn the defendant, and as a result, D did not feel fear.

Even if the defendant's act constitutes a constituent element of the crime of intimidation, it is an act that does not go against social norms as a means of defending D's unfair criticism and intimidation. Therefore, illegality is excluded as a legitimate act under criminal law.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby convicting this part of the facts charged.

It is true that Doshe Defendant posted an article on the Internet, such as the facts stated in the crime No. 2 of the judgment below.

However, the illegality of D is excluded in accordance with Article 310 of the Criminal Code because it is related to the public interest because D expresses the fact that the e-mail of the defendant was hacking.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby convicting this part of the facts charged.

B. Even if the charge of this case is found guilty, the sentence of the lower court (the amount of KRW 7 million) is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the lower court as to the lower judgment’s argument of misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant is aware of the fact that D would not want to disclose to others the materials such as the mail or message sent and received with the Defendant, etc.