The defendant's appeal is dismissed.

1. The gist of the grounds of appeal (the factual error) is as follows: (a) in light of the circumstance and content of the Defendant’s contact with the victim; (b) details and frequency thereof; and (c) relationship between the Defendant and the victim, the repetition of the Defendant’s act of making a phone call or sending text message to the victim cannot be recognized; and (c) thereby, it cannot be deemed that the Defendant caused fear or apprehension to the victim

2. 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. punishs any person who repeatedly sends codes, words, sound, image, or motion picture that arouses fear or apprehension through an information and communications network.

In this context, whether the phrase that arouses fear of fear and fear constitutes “refeasible acts to reach another person repeatedly” ought to be determined by comprehensively taking into account the contents and method of expression that the Defendant sent to the other party and the sound meaning, relationship between the Defendant and the other party, circumstance of sending the words, frequency of sending them, circumstances before and after, and circumstances faced by the other party

(2) In light of the aforementioned legal principles, the Defendant was aware of the following facts: (a) the health care unit of the instant case; (b) the evidence duly admitted and investigated by the lower court; and (c) the Defendant sent the victim a telephone call or text message on two occasions, as stated in the facts charged in the instant case, and (d) the Defendant sent the victim a telephone call or text message on six occasions from March 30, 2014 to April 103 of the same day; (b) the period from April 106:5 to December 12:01 of the same day from April 23, 2014 to April 2:2:13, 2014; and (c) the period from April 30, 2014 to April 23, 202:217:213 times on the same day.