The prosecutor's appeal is dismissed.

1. It is reasonable to view that the text message sent by the Defendant to the victim is sufficient to cause fears and apprehensions at the time of filing the text message, considering the following: (a) the circumstance in which the text message was sent to the victim; (b) the relationship between the Defendant and the victim; and (c) the situation in which the victim is faced.

Nevertheless, the court below acquitted the Defendant of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of judgment

2. Determination on the grounds for appeal

A. The facts charged of the instant case shall not allow anyone to reach another person repeatedly in the form of code, words, sound, image, or picture that arouses fear or apprehension through an information and communications network.

Nevertheless, the Defendant made a misunderstanding of the victim C’s scam in the D marriage information company where the Defendant is working, thereby committing suicide by the victim’s children. On May 6, 2014, the Defendant sent the Defendant’s mobile phone using the Defendant’s mobile phone at the Defendant’s home located in Busan Dong-gu, to the mobile phone using the Defendant’s mobile phone, and sent the Defendant’s mobile phone using the Defendant’s cell phone, and made it known to the Defendant that the Defendant’s scams, “if known, , , , , and open to the public.” The Defendant sent the Defendant’s mobile phone using the Defendant’s mobile phone at the Defendant’s home located in Busan Dong-gu, Busan Dong-gu, to the end of May 17, 2014 as well as sending the instant text messages to the end of May 4, 2017.

B. The lower court determined that the prosecutor submitted the following facts and circumstances comprehensively based on the evidence duly admitted and examined by the lower court.