전자기록등손괴
The prosecutor's appeal is dismissed.
Summary of Grounds for Appeal
Judgment
A. The summary of the facts charged is a person who works for B Co., Ltd. as the head of the management office of the Gunpo-si Office from January 1, 2012 to May 19, 2016.
On May 19, 2016, the Defendant, who received an order from B to dispatch its head office from B, received an order from B to delete the business files of office management of the said officetel for the said period. On May 20, 2016, the Defendant entered the office of the management of the said officetel, which was the management of the said officetel, and deleted the document files related to the victim’s business, such as the “ [1] management rules.hwp” file, as indicated in the list of crimes in the attached Table of the lower judgment.
As a result, the Defendant destroyed the special media records, such as electronic records managed by the victim.
B. In light of the following circumstances revealed by the evidence duly adopted and examined by the court below, the court below’s judgment 1 constitutes damage to deleteing documents files that the defendant had already outputed and stored in documents and stored in the computer of the accounting personnel, based on the evidence submitted by the prosecutor.
It is judged that it is not sufficient to recognize that there was intention to damage or that there was intention to damage, and the defendant was acquitted on the facts charged in this case.
(1) There is no fact that the paper documents kept in the management body office in addition to the deletion of documents files from the Nowon-North Korea that the defendant has used are destroyed.
The document of the Domen management body shall be kept in the computer of the accounting staff, and shall be kept in a bound document with a certain period of time, and in the case of the approved document, it shall be approved by paper without electronic approval.
Article 22(1) of the Criminal Procedure Act provides that the defendant’s deletion of document files from Nohbuk does not have any particular inconvenience in the course of business.
x. the complainant;