정보통신망이용촉진및정보보호등에관한법률위반
The judgment of the court below is reversed.
Defendants are not guilty.
1. The summary of the grounds for appeal does not fall under the provider of information and communications services prescribed by the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”), and it is difficult to view that the Defendants’ deletion or restriction of perusal infringed upon the privacy of the persons concerned of the list indicated therein. Although the e-mails restricted by the Defendants do not fall under the objects of deletion or temporary measures permitted by the provider of information and communications services under the Information and Communications Network Act, the e-mails restricted by the Defendants are not subject to the deletion or temporary measures, the court below held that the measures taken by the Defendants to delete or restrict the perusal of e-mails are unlawful as acts based on
2. Determination
A. Prior to the judgment on the grounds of appeal ex officio, prior to the judgment on the grounds of appeal ex officio, the prosecutor shall not damage another person’s information processed, stored, or transmitted through the information and communications network, or infringe, use, or divulge another person’s secret” in the part of the facts charged in the instant case. “No person shall damage another person’s information processed, stored, or transmitted through the information and communications network, or infringe, use, or divulge another person’s secret, and no person shall wiretapping telecommunications without following the Protection of Communications Act, the Criminal Procedure Act, or the Military Court Act.” Article 3 of the facts charged is handled, stored, or transmitted through the information and communications network.