정보통신망이용촉진및정보보호등에관한법률위반등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (the imprisonment of six months, the suspension of execution of two years, community service work, confiscation of 80 hours) is too unreasonable.
B. Prosecutor 1) The lower court acquitted the Defendant of violating the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Violation of Information and Communications Network Act, etc.) among the facts charged in the instant case, as to the violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc. (Violation of Information and Communications Network Act, etc.).
However, in light of the fact that the defendant acknowledged a crime as to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Violation of Information and Communications Network Utilization, etc.) at the time when he was investigated by the police, and stated a specific method of crime, and the facts charged by the defendant as guilty and the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Violation of Information and Communications Network Utilization, etc.) are related to each other, the above facts charged can be fully convicted. Thus, the court below acquitted the above facts charged
B) Of the facts charged in the instant case, the lower court acquitted the Defendant on the obstruction of business among the facts charged in the instant case.
However, in light of the fact that M, who is employed by the defendant and engaged in the telecoming business, makes a statement consistent with the facts charged in this case, the above facts charged can be fully recognized, and therefore, the judgment of the court below that acquitted the above facts charged is erroneous in the misapprehension of the facts.
2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.
2. Determination
A. The lower court’s determination on the Prosecutor’s assertion of mistake as to the facts. (1) The lower court did not err by misapprehending the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (hereinafter “Information and Communications Network