The defendant's appeal is dismissed.

1. Summary of grounds for appeal (misunderstanding the Act and improper sentencing);

A. The Defendant’s sending of each of the instant text messages to the victim cannot be deemed as having repeatedly reached the victim’s “refiscing” text that arouses fear or apprehension as stipulated in the penal provision of this case.

(b)the punishment sentenced by the first instance court (1.5 million won in penalty) is too unreasonable;

2. Determination

A. Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. punish “a person who has repeatedly reached another person with words causing fear or apprehensions through an information and communications network.”

The crime is an essential element for the repetition of certain acts to create the other party’s anxiety by using an information and communications network as stipulated under the above provision in terms of the composition requirement. In addition, in light of the legislative intent, in order to determine that the act of creating a series of unstables by using the above information and communications network constitutes such act, it is necessary to regard the whole act as a series of repeated acts because each act is closely related with each other, such as the temporary and temporary relation of the place, the similarity of methods, the similarity of opportunities, the continuation of criminal intent, etc.

In this case, the Defendant, an instructor of a private teaching institute, continued to use a public telephone for 2 minutes or 8 minutes at intervals of no more than 50 minutes from November 4, 2016, and sent a text message causing apprehensions by using a handphone of the victim, who is a livinger, over 11 minutes. In light of the aforementioned legal principles, the Defendant’s relationship, the victim’s identity of the place where the Defendant sent the text message, the identity of the place where the text message was sent, the frequency of sending the text message, the interval of time, and the total time, etc. are considered.