전자기록등손괴업무방해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) is that major trading place data, foreign employment documents, and various packaging labels are irrelevant to Nowon-North Korea. Even if all the remaining files are deleted from Nowon-North Korea, they are unnecessary for the victim company as they are stored separately in the victim company, and the Defendant deleted them for the original purpose of returning to Nowon-North Korea.
Therefore, the defendant cannot be deemed to have impaired the utility of the above file by destroying it, and there was no intention of damage.
2. The court below rejected the above assertion in detail, on the ground that the Defendant made the same assertion as the above argument, and the court below stated in detail the above argument at the end of "a summary of evidence".
In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court’s judgment is closely examined in comparison with the record of evidence, i.e., the main transaction data, foreign employment documents, and various packaging files were stored in the Nowon-west of this case (Evidence No. 11 page, No. 66), and the victim company did not have separate documents or files necessary for its business and did not have considerable time and expenses to recover therefrom, the fact that the Defendant deleted the documents and files of the victim, as stated in the facts charged in the instant case, and thus, the Defendant’s aforementioned assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.