개인정보보호법위반
Defendant
All appeals filed by the Defendants A, B and prosecutor are dismissed.
1. Defendant A and B submitted a petition of appeal on December 9, 2015, and Defendant A and B failed to submit a statement of grounds for appeal within the submission period for legitimate grounds for appeal even if they received a notice of receipt of the record of trial from this court on January 6, 2016. The petition of appeal does not state the grounds for appeal even though the record was examined ex officio, and there is no ground for reversal of the judgment of the court.
2. Determination on the prosecutor’s appeal
A. The gist of the grounds for appeal is that the sentence imposed by the court below on the Defendants (a fine of KRW 500,000) is too uneased and unreasonable.
B. The Defendants committed the instant crime even though they are well aware of the value of the protection of personal information by engaging in a business using personal information, and the nature of such crime is not weak.
However, there is no previous conviction against the Defendants, and the victims do not want the punishment of the Defendants by mutual agreement with the victims, and Defendant A and B protested against the fact that they concluded a sales contract through the brokerage of Defendant C, which led to the instant crime in order to claim the compensation for the mediation from the victims, and there are other circumstances that may be taken into account in some of the circumstances. In full view of various circumstances, such as the Defendants’ age, environment, sex, motive for the commission of the crime, and circumstances before and after the commission of the crime, the sentence of the lower court is too unjustifiable and thus unfair.
3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. Defendant A and B's appeal should be dismissed by decision under Article 361-4 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is ruled on the prosecutor's appeal, it is decided not to separately dismiss the appeal and to jointly render the decision. It is so decided as per Disposition.