No one shall allow anyone to repeatedly reach the other party any language, etc. that arouses fear or apprehension through an information and communications network.

Nevertheless, at around 21:03:48 on May 31, 201, the Defendant sent a phone call to the complainant who was breaked at the Suwon-si, Suwon-gu, Suwon-si 2, 301, and 2:301, and then sent 14 times telephone calls and three times text messages to the complainants, including the Plaintiff’s talked to “pack, and age.”

Judgment

1. Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. impose punishment on “a person who repeatedly sends words, etc. that arouse fears fear or apprehensions through information and communications networks to other persons.” Whether the words, etc. causing fears or apprehensions have reached other persons repeatedly should not be determined on the basis of the content of the sent text messages simply, but rather, on the basis of the developments leading up to sending such text messages, the relationship between the Defendant and the victim, and the situation at which the Defendant was a victim before and after sending the text messages.

2. In the instant case, based on the evidence duly admitted by this court, the following circumstances can be acknowledged in light of the following: (a) the Defendant, recognized by the evidence, calls with the victim; (b) the developments leading up to sending text messages; (c) the relationship between the Defendant and the victim; (d) the Defendant’s and the victim’s situation before and after text messages or conversations; and (e) the details and text messages.

In other words, the defendant is a microcredit for the victim as gift.