The prosecutor's appeal is dismissed.

1. The gist of the grounds of appeal is that the victim is a woman of the old age in which the victim is living alone, and when considering the time and frequency of the transmission of the text messages sent by the defendant to the victim (hereinafter “the instant text messages”), the court below acquitted the victim, despite the fact that the victim received the instant text messages was suffering from considerable fear and apprehension, there is an error in the misapprehension of the facts.

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

Here, whether “the act of repeatedly reaching another person” constitutes “the act of repeatedly causing fear or apprehension” ought to be determined by comprehensively taking into account the contents of the language and text sent by the Defendant to the other party and the method of expression, the implications of the expression, the relationship between the Defendant and the other party, the developments leading up to sending the language and text, the frequency of sending it, the circumstances before and after, and the other party’s situation (see Supreme Court Decision 2013Do761, Dec. 12, 2013). The lower court, on the grounds indicated in its reasoning, is insufficient to recognize that the instant text messages, etc. presented by the prosecutor are contents causing fear or apprehension.

In light of the facts charged, the lower court acquitted the instant charges.

In addition to the circumstances revealed by the court below, the following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the text message of this case was transmitted at night on the day when the damaged person removed the public toilet of the building in which the cosmetic operated by the defendant was located, and its main contents are the demand for the removal of the toilet and its restoration to its original state.