The defendant shall be innocent.

1. The summary of the facts charged in the instant case is the husband and wife who reported marriage, and currently is a divorce lawsuit.

피고인은 2015. 9. 27. 13:13 경 고양 시 일산 동구 C 아파트 D 호에 있는 주거지에서, 시어머니 제사 때 B과 싸웠다는 이유로 B의 휴대전화 (E) 로 “ 병신새끼야”, “ 니 차 있으면 죽여 버릴 거야”, “ 개 씨 발 좃 같은 새끼야” 라며 공포심을 유발하는 SMS 문자 메시지를 보냈다.

In addition, from that time until July 22, 2019, the Defendant sent Sms text messages that arouse the fears over about 195 times, such as the list of offenses, to B’s cell phone.

Accordingly, the defendant has repeatedly reached B the code or language that arouses fear or apprehension through information and communications network.

2. Determination:

A. Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. punish “a person who has repeatedly reached another person with words causing fear or apprehensions through an information and communications network.”

The crime is an essential element for the repetition of certain acts to create the other party’s apprehensions, etc. using information and communications networks as stipulated in the above provision under the composition requirement. In addition, in light of the legislative intent, in order to determine that the act of creating a series of anxietys using the above information and communications networks constitutes such act, it is a case where each act is closely related with each other, such as the close relation of the time and place, the similarity of methods, the similarity of opportunities, the continuation of criminal intent, etc., and it is deemed that

Therefore, in the case where a series of acts that cannot be assessed as such is only a series of acts that occur, it would be punished for a separate crime such as intimidation or an act of creating anxiety in the Punishment of Minor Offenses Act according to the detailed contents and degree of the text.