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(영문) 청주지방법원 2016.06.23 2016노129

개인정보보호법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The Defendant did not agree with the victim E.

Defendant who was in custody of business

E's resident registration number was leaked twice.

Circumstances favorable to the defendant shall be as follows:

The Defendant recognized all of the crimes of this case and reflected in the instant case.

The defendant is an elementary offender who has no record of criminal punishment.

The defendant did not have any property benefits accrued from the crime of this case, and there was no special loss to the victim.

Defendant has family members in need of support.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.