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(영문) 서울중앙지방법원 2016.03.10 2015노4661

개인정보보호법위반등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Each of the facts charged in this case.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment sentenced by the lower court (one hundred months of imprisonment) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence imposed by the lower court is too uncomfortable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor.

A prosecutor has provided personal information without the consent of the subject of information in the last two charges concerning the violation of the Personal Information Protection Act.

“The provision of personal information to a third party beyond the scope of the purpose of collection without the consent of the subject of information.”

As stated above, Article 71 subparagraph 1 of the Personal Information Protection Act and Article 17 (1) subparagraph 1 of the Act on the Protection of Personal Information apply for the amendment of a bill of amendment to the said Act were amended to “Article 71 subparagraph 2 of the Personal Information Protection Act” and “Article 18 (1) of the said Act,” and the subject of adjudication on the violation of the said Act was changed by this court’s permission.

Therefore, the judgment of the court below that found this part of the facts charged and other facts constituting the substantive concurrent crimes under the former part of Article 37 of the Criminal Act guilty cannot be maintained any more.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is as follows. The summary of the facts charged by the court below is "a forged, exercised, and provided personal information without consent of the subject of information."

“Fasting and exercising the following events.”

With the exception of the change to “the pertinent column of the lower judgment,” it is identical to the description in the corresponding column of the lower judgment, thereby citing it as is by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 231 of the Criminal Act (the point of each private document in this Article) regarding the facts constituting an offense.