The defendant shall be innocent.

No summary of the facts charged shall allow anyone to reach another person repeatedly in the form of code, text, sound, image, or picture creating fear or apprehensions through an information and communications network.

The Defendant entered into a lease agreement with respect to the 1st floor car page of the building in B and C (hereinafter “instant car page”), and the Defendant sent repeatedly a message that may cause fear or fear to B through a total of 47 instances, as shown in the attached Table No. 1, on the ground that B did not recognize the premium of the store he rents between February 29, 2016 and July 11, 2017, B’s mobile phone from February 29, 2016 to July 1, 2017.

Judgment

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”) punish the acts of repeatedly reaching other parties any codes, words, sound, image, or motion picture that arouses fear or apprehension through an information and communications network.

In this context, whether the phrase that arouses fear of fear and fear constitutes “refeasible acts to reach another person repeatedly” ought to be determined by comprehensively taking into account the contents and method of expression that the Defendant sent to the other party and the sound meaning, relationship between the Defendant and the other party, circumstance of sending the words, frequency of sending them, circumstances before and after, and circumstances faced by the other party

(see, e.g., Supreme Court Decision 2018Do14610, Nov. 15, 2018). The Defendant operates the instant car page.