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(영문) 서울남부지방법원 2016.06.01 2016고정545

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No one shall intrude into an information and communications network without legitimate access authority or beyond permitted access authority.

Nevertheless, on November 19, 2015, the Defendant was aware of the fact in advance using a computer at a place where the location of light is unknown.

C’s Internet NAVER AD and password were entered into C’s NNA account, and a mobile phone mobile app was connected to C’s NA account using the aforesaid method at a place where it is impossible to identify the light place of 21:06 on the same day.

Accordingly, the Defendant infringed on the information and communication network without legitimate access authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C;

1. Application of Acts and subordinate statutes to attached materials and response materials;

1. Article 72 (1) 1 and Article 48 (1) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, the relevant Article of the Act on the Promotion of Utilization of Information and Communications Network and Selection of Fines;

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., the confession and depth of the defendant, the first offender of the defendant, and the fact that the defendant agreed with the victim);