정보통신망이용촉진및정보보호등에관한법률위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the defendant, in relation to the real estate brokerage, called the victim at any time by making the phone call to the victim, but the victim sent the text message as stated in the judgment of the court below on the wind that the victim immediately cut the phone, and the text message sent by the defendant cannot be deemed to have caused fears or apprehensions to the victim. Thus, the judgment of the court below which found the defendant guilty of the facts charged in this case,
2. Determination on the grounds for appeal
(a) Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. are punished for repeatedly allowing any person to reach another person in the form of code, words, sound, image, or picture that arouses fear or apprehension through an information and communications network;
The issue of whether the phrase “the act of repeatedly reaching another person” constitutes “the act of repeatedly causing fear and apprehensions” ought to be determined by comprehensively taking into account the contents and method of expression that the Defendant sent to the other party and the sound meaning, the relationship between the Defendant and the other party, the background and frequency of sending the words, the circumstances before and after, and the situation of the other party’s custody
B. In light of the above legal principles, considering the following facts and circumstances revealed by comprehensively taking account of the evidence duly adopted and examined by the court below, it can be sufficiently recognized that the defendant reached the victim repeatedly, such as the facts charged, even if the defendant sent the text message of this case.
Therefore, the defendant's assertion is without merit.
First, the text messages sent by the defendant to the victim reached 11 times in total, and the eight times among them are between late and late from July 11, 2014, and the same day from around 17 to the same day.