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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The Defendant in the facts charged: (a) as the representative director of D, the victim F (54 years of age), the representative director of E Co., Ltd., violated the joint product supply contract; (b) discontinued the supply of products; and (c) refuses the request several times on April 10, 2015, the Defendant, at D office located in Mapo-si G around 10:2 on April 10, 2015, using his mobile phone from the Defendant’s cell phone, should have abandoned the victim’s “the reputation of the front line of money
The text message “ sent from that time to April 24, 2015, including the sending of the text message “,” sent the victim a total of 124 times from that time to that of April 11:47, 2015, as indicated in the list of offenses.
As a result, the Defendant had repeatedly reached the victim by using information and communications networks the text that arouses uneasiness.
2. Determination
A. Article 74(1)3 and Article 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. are punished for repeatedly reaching other parties any codes, language, sound, sound, image, or motion picture that arouses fear or apprehension through an information and communications network.
Here, whether the phrase “the act of repeatedly reaching another person” constitutes “the act of repeatedly sending words causing fear or apprehensions” ought to be determined by comprehensively taking into account the contents and method of expression that the Defendant sent to the other party, the relationship between the Defendant and the other party, the developments leading up to sending the words, the frequency of sending the words, the circumstances before and after, and the other party’s situation, etc. (see Supreme Court Decision 2013Do7761, Dec. 12, 2013). B. In light of the aforementioned legal principles, in the instant case, the relationship between the Defendant and the F before and after the date of sending each text message as indicated in the separate sheet of crime recognized by the record of the instant case, the background leading up to the Defendant’s sending the text message to F, the objective contents of the text message, the method and method of expression, and the situation at the time.