All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A1 did not send any word identical to the facts stated in the judgment of the court below to E, and even if they were sent, it cannot be said to have been repeatedly dispatched. 2) The sentence of the court below on unreasonable sentencing (three million won of fine) is too unreasonable.

B. Defendant B (unfair punishment) The sentence of the lower court (a fine of KRW 3 million) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, Defendant A’s assertion of mistake of facts is acknowledged as having sent the same letters as the facts constituting a crime in the judgment below to Victim E twice, and it is difficult to find special circumstances to deem that the transmission of letters was fabricated, as alleged by Defendant A, as alleged by Defendant A. (2) 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 Act”) punish the act of repeatedly delivering codes, words, sound, images, or motion pictures creating fear or apprehensions through information and communications networks.

Here, whether “the act of repeatedly reaching another person” constitutes “the act of repeatedly causing fear and apprehensions” ought to be determined by comprehensively taking into account the contents of the language and text sent by the Defendant to the other party and the method of expression, the sound meaning, the relationship between the Defendant and the other party, the background and frequency of sending the text and text, circumstances before and after, and circumstances of the other party

(see Supreme Court Decision 2013Do7761, Dec. 12, 2013). Meanwhile, in order to determine that an act of creating a series of unstables by using information and communications networks constitutes such act, each act should be evaluated as a series of repeated acts, inasmuch as it is closely related to each other, such as the distance of time and place, similarity of methods, the same opportunity, and the continuation of criminal intent.