정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
The judgment below
Part concerning Defendant A and B shall be reversed.
Defendant
A and B shall be punished by imprisonment for eight months.
(2).
1. Each sentence of the lower court against the Defendants in the summary of the grounds for appeal is too unreasonable.
2. In full view of all the sentencing conditions shown in the records and arguments of this case, and all of the sentencing conditions shown in the records and arguments of this case, Defendant A did not have the same kind and imprisonment without prison labor or more, Defendant B was the first offender, and all of the above Defendants were divided, the lower court’s punishment against Defendant A and B is too unfair, and the lower court’s punishment against Defendant C is not unfair, and thus, Defendant A and B’s assertion is with merit, and Defendant C’s assertion is without merit.
3. In conclusion, since the appeal by the defendant A and B is well-grounded, pursuant to Article 364(6) of the Criminal Procedure Act, the part of the judgment below against the above defendants is reversed and it is again decided as follows. Since the appeal by the defendant C is without merit, it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per
Criminal facts
The summary of the evidence and the facts charged by the defendant A and B and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 71 Subparag. 6, Article 28-2 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Articles 71 Subparag. 11, and 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Article 72 (1) 1, Article 48 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Article 72 (1) 1, Article 71 Subparag. 11, and Article 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and each
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A and B);
1. Article 48 (1) of the Criminal Act (Defendant A);