Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

Although it was prohibited from repeatedly reaching another person in the form of code, language, sound, image, or motion picture that arouses fear or apprehension through an information and communications network, the Defendant used his/her cell phone (C) around 19:00 on November 17, 2010, in order to reach a total of 17 times from around 19:0 to February 33, 201, the Defendant sent words "" to a cell phone (E) of the victim (e.g., 43 years of age) in the year in which he/she was frighten in the middle-gu Incheon Metropolitan City B apartment 107No 201,00.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes on message inquiry;

1. Article 74 (1) 3 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc. for Criminal Facts and the Selection of Fine)

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act asserts that the defendant's husband and the victim were in an improper relationship, and that the defendant sent letters to the victim and did not have an intention to cause harm to the victim.

The issue of whether the defendant's act constitutes an act of repeatedly reaching a victim by using the information and communications network shall be determined objectively by comprehensively considering not only the contents of the text of text messages but also the developments leading up to sending such text messages, the relationship between the defendant and the victim, the situation of the victim before and after sending the text messages, and the following circumstances recognized by the evidence of this case, i.e., the defendant's act without clear evidence.