The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is operating a cafeteria in the petition district B in the Cheongju-si, and the Cheongju District Court is proceeding in civil procedure in the Cheongju-si as a matter of the victim and ownership as to the cafeteria buildings previously purchased.

On October 16, 2019, the Defendant sent to the victim’s cell phone text messages using the Defendant’s cell phone text messages to the victim’s cell phone, stating that “The victim may die and commit suicide, because of the depression,” and that the Defendant repeatedly sent to the victim the text that arouses fear or apprehension on six occasions from October 16, 2019 to December 30, 2019, as indicated in the attached list of crimes.

2. Article 74(1)3 and Article 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) punish the acts of repeatedly reaching other persons any codes, words, sound, image, or motion picture that arouses fear or apprehension through an information and communications network.

In this context, whether the phrase that arouses fear of fear and fear constitutes “refeasible acts to reach another person repeatedly” 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, relationship between the Defendant and the other party, circumstance of sending the words, frequency of sending them, circumstances before and after, and circumstances faced by the other party

(See Supreme Court Decision 2018Do14610 Decided November 15, 2018 (see, e.g., Supreme Court Decision 2018Do14610, Nov. 15, 2018). With respect to the instant case, the victim was in a state of poor appraisal, such as filing a civil lawsuit between the Defendant around the time of the instant case. The victim, around February 2019, issued an appeal stating the Defendant’s criticism, such as the Defendant’s shot snick snick snick snick snick sn