The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In addition to the expression that the Defendant, who was aware of the fact in the Internet sexual side effect car page, constantly received severe insult and verbal abuse, and sent text messages to the victim in the process corresponding thereto. The content of the text messages sent by the Defendant did not arouse fear or apprehension to the victim, and there was no intention to do so to the Defendant.

B. In light of the fact that the Defendant continuously received a severe insult and verbal abuse from the victim, and the Defendant also received a serious mental impulse due to an insulting speech by the victim, the lower court’s punishment (one million won of fine) is too unreasonable.

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., of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning the assertion of misunderstanding of facts are normative elements necessary to make an evaluation and emotional judgment. In advance, the term “conscept” is “competing and uneasing” and the term “inscriptive” means “comforing and uneasing” (see, e.g., Supreme Court Decision 2008Do9581, Dec. 24, 2008). Therefore, when considering a series of acts of the defendant, if it is recognized that the defendant’s act is emotionally evaluated by the victim beyond the degree of harming the peace and peace of the mind, it constitutes the element of the crime above.

According to the evidence duly admitted and examined by the court below, ① the victim received the phone from the defendant around September 19, 201, and the content was the fact that the victim was demanded to speak with H with the victim, and ② the victim refused the request of the defendant.