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The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The defendant does not pay a fine.
Reasons
1. The summary of the grounds for appeal is that the defendant sent several text messages containing new contents to the victim on the basis of the criminal intent separate from the crime for which the judgment became final and conclusive. Although the facts charged in this case is not related to the crime for which the judgment became final and conclusive, the court below judged that both are deemed a single comprehensive crime and rendered a judgment of acquittal. Such judgment of the court below is erroneous in matters of law such as misunderstanding of facts
2. Determination
A. The summary of the facts charged of the instant case is prohibited from allowing anyone to reach another person repeatedly in the form of code, words, sound, image, or picture that arouses fear or apprehension through an information and communications network.
Nevertheless, at around 05:53 on October 2, 2012, the Defendant sent a text message stating that “A victim who operates a private teaching institute was dismissed for himself/herself,” furthermore, the victim was accused of having sent text messages more than a hundred and forty-three times, and the Defendant’s mobile phone using the Defendant’s mobile phone to the mobile phone used by the victim C, and that “I wish to die and die without any absolute death, and that I want to do so.” As indicated in the List of Crimes, the Defendant reached repeatedly 43 times from September 13, 2012 to March 5, 2013 as indicated in the List of Crimes.
B. The lower court, on October 24, 2013, sentenced the Defendant to a suspended sentence of one year for a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (No. 2012No4064), and the judgment became final and conclusive on May 29, 2014 (No. 2012No4064). The facts charged in the instant case and the facts charged in the said final judgment are different for a different period, and all the Defendant made a statement that may cause fear or apprehension to the victim’s mobile phone using