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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant did not return KRW 188,010 of the long-term repair appropriations to be returned to the Defendant, a lessee after the expiration of the lease contract, and sent text messages to “the victim’s cell phone (E)” using a cell phone (D) at the Defendant’s house located at 105, 1303 Dongpo-si, Mapo-si, Mapo-si, Mapo-si, 105 on September 22, 2012. From September 24, 2012, the Defendant sent text messages to the victim’s cell phone (E) from September 24, 2012, until September 08:52, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police protocol protocol law to B

1. Relevant legal provisions of 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. concerning criminal facts, and selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged to the effect that the act of sending letters to the victim constitutes an act of self-help under Article 23 of the Criminal Act, and thus, illegality is excluded. The act of self-help under the Criminal Act refers to an act of self-help in order to avoid the impossibility or significant difficulty in exercising the right to claim where it is impossible to preserve the right by the statutory procedure (see, e.g., Supreme Court Decision 2005Do8081, Mar. 24, 2006). In light of the course of the instant crime and the relationship between the Defendant and the victim, the Defendant’s act cannot be deemed as an act of self-help because it is difficult to view that the instant act of the Defendant is an act of considerable difficulty in exercising the right