The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant, by mistake of fact, calls the victim on each date and time stated in the facts charged, the Defendant did not speak as obscene as stated in the facts charged.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of fact and the evidence duly adopted and examined by the court below, it can be sufficiently recognized that the Defendant made a speech that may cause sexual humiliation or aversion to the victim by telephone as stated in the instant facts charged, so the Defendant’s assertion of mistake of fact is without merit.

① The Defendant recognized the fact that the Defendant called the victim several times by restricting the phone number display as well as each date and time indicated in the facts charged of the instant case.

② The victim D had consistently been suffering from obscene phone from the police from time to time from the end of November 2014 due to the restriction on the display of the phone number from time to time. However, the voice was entirely the same.

was stated.

③ On January 22, 2015, the victim applied for forced display of the phone number after asking to the radio operator for the phone number display service.

On January 23, 2015, 05:33 "E" did not have been affected by telephone again from the same number 05:41 on the same day, the victim sent a text message stating that "I am "I am Do Do Do Do h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h.

The "E" is the telephone number in the name of the defendant used by the defendant, and the defendant was directly harmed on January 23, 2015.

(4) A victim may be free to the defendant.