개인정보보호법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The Defendant of the misapprehension of the legal doctrine is not punished pursuant to Article 16 of the Criminal Act, since posting a copy of the complaint of this case in which the personal information of the victims was written.
B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.
2. Determination
A. In a case where punishment is not imposed pursuant to Article 16 of the Criminal Act regarding the assertion of misapprehension of legal principles, it does not mean a simple case of a legal site, but it is generally accepted that an act constitutes a crime but, in one’s own case, it does not constitute a crime permitted by the law, and thus, if there is a justifiable reason in recognizing that such act does not constitute a crime (see, e.g., Supreme Court Decision 2010Do15260, Oct. 13, 201). The circumstance that the defendant believed that posting the complaint in this case on an elevator does not constitute a crime, and the circumstance that the defendant believed that the posting of the complaint in this case on an elevator does not constitute a crime is merely a mere site of law, and in particular, it does not constitute an act that is permitted by the law,
Therefore, the defendant's assertion of legal principles is without merit.
B. In full view of various circumstances, including the Defendant’s character, environment, criminal record, motive and circumstance of the crime, etc., the Defendant’s punishment imposed by the lower court is somewhat inappropriate, and thus, the Defendant’s assertion of unfair sentencing is justified. In so doing, the Defendant’s assertion of unfair sentencing is justified.
3. In conclusion, the judgment of the court below is reasonable in accordance with Article 364(6) of the Criminal Procedure Act.