컴퓨터등장애업무방해교사등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal by the defense counsel;
A. In fact-finding the defendant only caused inconvenience to the victim T stock company (hereinafter referred to as the "victim company") and did not induce C to commit a DNA attack against the victim company. It merely lent KRW 1,500,000 to C, which is not the cost of DNA attack.
Nevertheless, the lower court found the Defendant guilty of each of the facts charged of this case on the grounds of the statement of credibility C, etc., thereby misleading the facts and adversely affecting the judgment.
B. In light of the fact that the court below’s sentence that sentenced ten months of imprisonment is too unreasonable in light of the fact that the defendant suffered responsibility for committing a DNA attack against the victim company on behalf of the defendant and deposited 30,000,000 won for the victim company in the trial at the above trial, that the defendant was subject to criminal punishment, that the defendant did not have any record of being subject to criminal punishment, and that the health status is not good, etc.
2. Determination
A. (1) The judgment of the court below on the assertion of mistake of facts also asserted the same purport as the argument in the grounds of appeal. The court below made a statement that ① the defendant has instigated the victim company C to commit a DNA attack on the information and communications network of the victim company consistent and specifically in the investigation agency and court of the court below. If the defendant does not have any special relationship with the victim company, it does not have any reason to instigate another person to commit a DNA attack, and even when he is punished for perjury, he seems to have no reason to make a false statement in the court of the court below. ② The defendant remitted the amount of KRW 1,50,000 from the bank account in the name of the employee of the company where he is working as his relative around April 18, 2013 to C around 18:21, 200 won before the teacher for a DNA attack of the victim, and even two hours after C has not received the above KRW 1,500,000,000 from the bank account in the name of the employee of the company where he is working (the investigation record).