The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant cannot be deemed to have caused fears or apprehensions to the victim on the ground that the Defendant did not wish to the victim or send words, pictures, etc. of obscene content.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. Judgment on the misunderstanding of legal principles 1) The Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”)

(1) Articles 74(1)3 and 44-7(1)3 of the Act punishs the act of repeatedly reaching another person through an information and communications network to arouse fears or apprehensions. “An act of repeatedly reaching the language that arouses fears fears or apprehensions” means “a series of acts of repeatedly transmitting words that may cause fears or apprehensions to the general public in light of social norms, and without mind,” and “a series of acts of causing fears or apprehensions to the general public” (see Constitutional Court en banc Decision 2014Hun-Ba434, Dec. 29, 2016; Constitutional Court en banc Decision 2014Hun-Ba44, Dec. 29, 2016). In light of the following legal principles, the determination of whether the Defendant’s act of causing fears or apprehensions to the other party ought to be made by lawfully considering the content and meaning of the statement, method of expression, relationship between the Defendant and the other party, the details and frequency of sending the victim, and the other party’s circumstances before and after the investigation.