The judgment of the court below is reversed.

The prosecution of this case is dismissed.

1. The sentence (10 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unfased and unreasonable.

2. Before determining the grounds for appeal by the Prosecutor, this paper examined ex officio.

The facts charged in the instant case are crimes falling under Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., and cannot be prosecuted against the victim’s will specifically manifested pursuant to Article 74(2) of the same Act.

According to the records, it is recognized that the victim expressed his/her intention not to be punished by the defendant through the "written withdrawal of complaint and written agreement," and the "written application for ammunition" submitted to the court of the court below on November 7, 2017 (the court records 35-36 pages). Although the court below should have dismissed the public prosecution of this case pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, the court below found the victim guilty of each of the facts charged of this case with excessive negligence. In this regard, the judgment of the court below cannot be reversed.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

【Re-written Judgment】

1. Summary of the facts charged

가. 2017. 9. 8. ~9. 9. 의 공포심불안 유발 전송 피고인은 2017. 9. 9. 01:20 경 부산( 이하 불상 )에서 휴대폰으로 이혼한 전처 피해자 C에게 “ 이 십 같은 년 개 같은 년 니가 살람이가 개 십 빤다고 톡 막내서 죽인다 용서고 없다 개 십 파 년 아” 라는 문자 메시지를 발송한 것을 비롯하여, 2017. 9. 8. 23:59 경부터 2017. 9. 9. 11:30 경까지 [ 별지] 범죄 일람표 (1) 기 재와 같이 34회에 걸쳐 피해자에게 문자 메시지 및 마치 피고인이 배를 자해한 것처럼 보이는 사진 3매를 전송하였다.

B. On September 20, 2017, to September 25, 2017, the Defendant sent a notice of non-comforcing fear, and around 00:02, Sept. 21, 2017.