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(영문) 광주지방법원 2019.01.17 2018노2320

개인정보보호법위반

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The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. In this case’s summary of the grounds of appeal, the contents of CCTV images provided by the Defendant to F are door to the right side of the image of light, which appears to be a motor vehicle at the entrance of the third secretary general, and it is difficult to view that the model of the vehicle, the vehicle number, and the vehicle number with only the above images cannot be identified as C, and it can be easily combined with other information to recognize that the vehicle in the above image is a vehicle C.

Therefore, although the facts charged in this case were not proven, the court below found the guilty guilty, there is an error of law that affected the conclusion of the judgment by misunderstanding of facts and misunderstanding of legal principles.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

The prosecutor revised the facts charged in the instant case as follows, when it comes to the trial.

No personal information shall be provided with personal information, knowing that the personal information manager has not obtained consent from the information manager.

In order to submit as evidence of criminal cases in which the Defendant was assaulted by the spouse C residing in Gwangju Mine-gu, the Defendant: (a) installed CCTV in the said Sub-Section 3; and (b) discovered that the CCTV installed in the said Sub-Section 3; (c) the CCTV was taken by the said CCTV; and (d) requested F to have the right to access CCTV.

On February 1, 2017, the Defendant: (a) was aware of the fact that the said F, a personal information manager, did not obtain the consent of the C, a data subject; (b) obtained a ID and password available for perusal of the said CCTV from F; and (c) received from F the CCTV images on October 1, 2016, the CCTV images related to the said C, stating the CCTV images and vehicle access information.

In this respect, the defendant obtains the consent of the information manager.