The defendant shall be innocent.

1. No one who is the gist of the facts charged of the instant case shall distribute information with a content that arouses fear or apprehensions through an information and communications network to reach other persons repeatedly in the form of code, text, sound, image, or picture.

그럼에도 피고인은 2015. 3. 26. 22:00 경 불 상의 장소에서 고소인의 휴대폰으로 “ 너 같은 개년은 첨 본다, 나간다 했으나 나가, 녹음했으니 명도 한다, 어디서 마구 굴러먹던 게 남의 집에서 행패야, 너 같이 애 미 애비 없는지 똥 개 마냥 자란 년이 뭘 알겠어, 니 부모한테 딸년 참 더럽게 내질러 났다고

On February 25, 2017, the word “D” was sent from that time to February 25, 2017, and the text message was sent at least eight times in total as shown in the list of offenses.

As a result, the Defendant sent repeatedly words that arouse fears or apprehensions through information and communications networks, thereby reaching the complainants.

2. According to Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., “a person who has repeatedly sent words causing fears or apprehensions to other persons through information and communications networks” is punished.

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 in the above provision under the constituent elements. In addition, in light of the legislative intent, in order to determine that the act of creating a series of anxiety by using the above information and communications network constitutes such act, it is a case where each act is closely related with each other, such as the temporary and temporary distance of the place, the similarity of methods, the similarity of opportunities, the continuation of criminal intent, etc., and it can be evaluated as a series

Therefore, it cannot be evaluated as such, in a single or non-speed manner.