정보통신망이용촉진및정보보호등에관한법률위반
The defendant's appeal is dismissed.
1. The gist of the grounds of appeal lies in preventing the receipt of text messages to the victim’s cell phone, and thus, the text messages sent by the victim by the victim after blocking the receipt of text messages from the Defendant was processed and the victim was not confirmed. As such, ① such text messages cannot be deemed to have arrived at the victim, and ② such text messages cannot be deemed to have reached the victim, and ② there is no intention to have the victim receive text messages causing anxiety, and ③ there is no content likely to cause apprehensions in fact, and thus, an offense under Article 74(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. is not established.
Nevertheless, the lower court found the Defendant guilty of the facts charged of this case.
2. Comprehensively taking account of the evidence duly admitted and examined by the lower court, the fact that when the Defendant sent text messages as indicated in the lower judgment, male-friendly relationship between the victim and the Defendant was widened by the victim’s wife, and the conflict between the Defendant and the victim was serious. In such circumstances, even though the Defendant knows that the victim did not want to contact and receive text messages from the Defendant, it may be recognized that the Defendant caused the error of the victim, or sent text messages requesting contact, 190 times in total at the latest and late time from October 23 to December 19, 2012, even though he knows that the victim did not want to contact and receive text messages from the Defendant.
On the other hand, Article 74(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Utilization Promotion and Information Protection, Etc.”) punishs “a person who repeatedly arrives at the other party in a sense of fear or apprehension
In this context, the "eth" means the notification made by the other party according to social norms.