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The judgment below
The part against the Defendants is reversed in entirety.
The Defendants are not guilty. The above verdict of innocence is rendered.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendants were to have the victim’s mobile phone sent the text message as described in the instant facts charged, in light of the background leading up to the transmission of the text message, the response of the victim, etc., the content of the text message did not reach the degree that the victim made the victim feel fear or uneasiness.
In addition, the lower court erred by misapprehending the facts charged against the Defendants.
B. The sentence that the court below rendered against the Defendants is too unreasonable (Defendant A: a fine of KRW 1.5 million, Defendant C: a fine of KRW 1.5 million).
2. Judgment on the Defendants’ assertion of mistake of facts
A. The summary of the facts charged against the Defendants was written on June 19, 2015 by Defendant A and the victim on the Internet portal site “Nber Kafae” in the Internet portal site “Me, women,” and the Defendant’s comments on the victim F’s critical intent in the above Defendant’s writing. In relation to the Defendant’s comments on the victim F’s critical intent, Defendant A and the victim were to be trialed.
Defendant
The victim was informed of his own phone number by telephone, and the victim was living in Incheon during telephone conversations to the effect that he will come to the front of the defendant A, while the victim was living in Incheon, the defendant A went to Incheon around June 20, 2015, but the victim did not change the horses.
Accordingly, Defendant A, on June 20, 2015, said on June 20, 2015, told other members to evaluate the victim’s photograph by raising it to NAV car page, and then, on the same day, Defendant A, at around 13:41 of the same day, made the victim’s cell phone with a photograph well produced from the victim’s cell phone.
“On July 1, 2015, from the time of sending the Kakao Stockholm message, text messages and Kakao Stockholm messages that cause fear and apprehensions to the victim 32 times in total, as shown in the Schedule of Crimes, from July 1, 2015.