정보통신망이용촉진및정보보호등에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal is that the defendant is not previous, but has three times of criminal records, and among them, one of them is highly likely to repeat the crime of this case due to a violation of the Registration of Credit Business and the Protection of Financial Users Act. The crime of this case was transmitted several hundred thousands of personal information and thus, is highly likely to commit a new crime, and thus, is highly likely to cause social harm and harm, and the defendant cannot be said to have taken the attitude of serious reflectness, although he led to the confession of the crime, it is unfair for the defendant to be sentenced to imprisonment (eight months of imprisonment, two years of suspended sentence, two years of probation, and one hundred and twenty hours of community service).
2. As alleged by the Defendant, the Defendant could not simply refuse the request of the person who was on the duty of care, thereby leading to the instant crime.
Even if the defendant actively interferes with his relative and uses his deposit account in the name of the defendant for the crime, the defendant delivered the consideration for the crime to C by means of account transfer directly, the leakage of personal information is a social problem, and the defendant also seems to have been fully aware of its risk. The defendant did not obtain any specific profit from the crime.
In light of the new possibility of committing the instant crime and the possibility of damage, such circumstance seems not to be an extenuating circumstance to be significantly considered in sentencing. In addition, considering the Defendant’s age, character and behavior, environment, king’s criminal records, place and time of committing the instant crime, motive, means, consequence, and circumstances after committing the instant crime, the sentence imposed by the lower court is deemed to be too unreasonable.
3. According to the conclusion, the prosecutor’s appeal is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the appeal is reasonable, and is so decided as
Criminal facts
Criminal facts and the summary of evidence recognized by the court shall be as follows.