정보통신망이용촉진및정보보호등에관한법률위반
The judgment of the court below is reversed.
The accused shall announce the summary of the judgment of innocence.
1. Summary of grounds for appeal;
A. The Defendant did not send the Defendant a text message in the attached list of crimes (hereinafter “instant text message”) to the Defendant by using the Defendant’s mobile phone.
B. Legal doctrine-misunderstanding of the instant text messages caused fears or apprehensions to C
shall not be deemed to exist.
2. In full view of the circumstances revealed by evidence duly admitted and investigated by the lower court, such as the fact that the Defendant: (a) acknowledged that the Defendant sent the instant text message from the investigative agency to the lower court’s court; (b) recognized that C sent the Defendant a mobile phone; and (c) the content of the instant text message, etc., the Defendant may be recognized to have sent C the instant text message.
The defendant's assertion of facts cannot be accepted.
3. Judgment on the misapprehension of legal principles
A. On June 23, 2016, the Defendant: (a) used a mobile phone that caused fraud to the victim C (52 tax) on or around 09:56 on June 23, 2016; and (b) used the mobile phone to prevent the Defendant from making a prompt deposit.
This is legally applicable.
In addition to sending the word “,” the victim sent text messages 36 times from June 13, 2016 to June 17, 2016 to the victim’s cell phone, as indicated in the list of crimes in the attached Table, and repeatedly sent the victim a total of 36 times from June 13 to June 17, 2016, thereby inducing fear or apprehension through an information and communications network.
B. Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. of Information and Communications Network Act punish “a person who repeatedly sends words causing fear or apprehension through an information and communications network to the other party.”
Whether it constitutes “a language that arouses fear or apprehension” is the content of the text sent by the Defendant to the other party.