beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Error 1) The Defendant, in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., sent text messages and voice messages as indicated in this part of the facts charged to his cell phone. However, there was no intent for the victim to feel fear or uneasy, and the content thereof was not likely to cause fears or uneasys to the victim. 2) The Defendant did not speak Q Q Q as described in this part of the facts charged, and even if said remarks were made, it is not false.
B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s sentence against the Defendant (a fine of three million won) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. As to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Utilization and Information Protection Act”) or “incompetence” under Articles 74(1)3 and 44-7(1)3 of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. is a normative element required to make an evaluation and emotional judgment. “Incompetence” is deemed to be “incompetuous and uneasible spirit,” and “incompetuous” to be “incompetuous and uneasible sense” (see, e.g., Supreme Court Decision 2008Do9581, Dec. 24, 2008). Therefore, when the Defendant’s series of acts are evaluated as a emotionally, if it is recognized that it is difficult for the victim to make the victim feel sense, or to make the victim feel, without being harming the peace of mind, it constitutes the constituent element of the above crime.
According to the evidence duly admitted and examined by the court below, the defendant can recognize that the defendant sent a text message and a voice message as stated in this part of the facts charged to the victim, and added the above facts.