The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The fact that the Defendant sent text messages identical to the facts charged by mistake of facts and misapprehension of legal principles to the victim (hereinafter “the instant text messages”). However, the instant text messages are sent by the victim in mind if the victim did not cause any dispute within the apartment complex, and it is difficult to view that the content itself causes fear or apprehension to the victim.

Nevertheless, the court below convicted the charged facts of this case. The court below erred in the misapprehension of legal principles as to "the words causing fear or apprehension" under Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter "Information and Communications Network Act") and thereby affecting the conclusion of the judgment.

Even if the facts charged in the instant case on the grounds of unfair sentencing are found guilty, the lower court’s punishment (fine 2,000,000) is too unreasonable.

Judgment on the defendant's assertion of mistake and misapprehension of legal principles

A. Articles 74(1)3 and 44-7(1)3 of the Information and Communications Network Act punishs an act of repeatedly reaching another person in the form of code, words, sound, image, or motion picture that arouses fear or apprehension through an information and communications network. Whether a case constitutes “a act of repeatedly reaching another person” ought to be determined by comprehensively taking into account the content and method of expression, the method of expression, the relationship between the Defendant and the other party, the details and frequency of sending the text, the circumstances before and after sending the text, and the circumstances faced by the other party.

(see, e.g., Supreme Court Decision 2018Do14610, Nov. 15, 2018). (B)

The following facts are acknowledged by the evidence duly adopted and examined by the court below in regard to the circumstances properly explained by the court below.