정보통신망이용촉진및정보보호등에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is that the defendant could not cause fears or apprehensions of the victim who sent e-mail to the victim as he promised to marry with the victim. However, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.
2. The judgment of the court below ex officio prior to examining the grounds for appeal for ex officio determination, and even though the court below cited "the list of crimes" in each crime, it has committed an unlawful act that affected the conclusion of the judgment by omitting each of the separate documents, thereby failing to specify the crime. The judgment of the court below is no longer maintained.
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, even though there is such a ground for ex officio reversal.
3. According to the evidence duly admitted and examined by the court below, the defendant can sufficiently recognize the fact that the defendant sent the victim e-mail as shown in the annexed list 1 and 2 to the victim. Furthermore, even according to the e-mail itself that the defendant sent to the victim, the defendant's e-mail itself includes the following contents: (i) "if you are divorced from the wife and married with him/her, he/she will die with him/her without being married with him/her;" and (ii) "b) the victim filed a complaint against him/her on or around May 4, 2011 on the ground of the e-mail listed in the annexed list 1, the victim sent e-mail to the victim from November 15, 2011 to around January 26, 2012; and (iii) the defendant sent e-mail to the victim from around the above time to January 26, 2012.