The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (in fact-finding or misapprehension of legal principles) of the defendant's act does not constitute a constituent element of the facts charged.

In other words, the Defendant merely committed the instant act with the intent to arouse the victim’s fear or apprehension without the intent to cause fear or apprehension, and the content of text messages sent by the Defendant does not constitute an objective act of creating fear or apprehension in view of the content of text messages, and it is merely an act of a single or a short expression and cannot be viewed as repeated act.

The defendant's act does not violate social rules and is not illegal.

In other words, a person who has conducted a one-person demonstration is a person who was administered at a hospital operated by the victim, and the defendant thought that the victim should solve this problem and urged to solve the problem as an act that can be generally accepted by the victim.

2. Determination

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. (hereinafter “Information and Communications Network Utilization and Information Protection, Etc.”) punishs a person who repeatedly arrived at another party to the language that arouses fear or apprehension through an information and communications network. Whether a person repeatedly arrives at the other party should be determined by taking into account the circumstances leading up to sending the text message, the relationship between the Defendant and the victim, the situation at which the Defendant was a victim before and after sending the text message, etc. rather than by simply determining whether a person repeatedly arrives at the other party.

In addition, this crime is an essential element for the repetition of certain acts by using information and communications networks as stipulated in the above provision, and in light of the legislative intent, a series of unstable acts using the above information and communications networks.