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(영문) 수원지방법원 2018.04.25 2018노793

개인정보보호법위반등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (Defendant A: one year of imprisonment, confiscation, Defendant B: two years of suspended execution in August, and two hours of community service order) of the lower court is too uneased and unreasonable.

B. Defendant A’s punishment is too unreasonable.

2. Determination

A. The Defendants’ crime of determining the unjust assertion of sentencing against Defendant A and the Prosecutor is recognized as having shared the roles of multiple parties in a planned and organized manner, provided another person’s personal information to a third party. Such collected personal information is highly likely to be used for other crimes such as Bosing.

However, in full view of the above defendant's mistake and reflects the depth of the defendant, and there is no previous conviction exceeding the fine of the above defendant, and the family and branch members of the defendant want to take the defendant's wife against the defendant, and all other circumstances that are conditions for sentencing, such as the above defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

Therefore, the above defendant's assertion is justified.

B. It is recognized that the crime of this case committed by the prosecutor with respect to the prosecutor’s allegation of unfair sentencing against Defendant B was planned and systematically provided by the defendants with another person’s personal information and provided it to a third party, and that such collected personal information is highly likely to be used for other crimes, such as Bosing.

However, in full view of the following facts: (a) the above Defendant recognized his mistake and reflects his depth; (b) there is no record of criminal punishment other than juvenile protection cases; and (c) other various sentencing conditions as shown in the argument of the instant case, such as the background of the instant crime; (d) circumstances after the instant crime; and (e) the Defendant’s age, sexual conduct, and environment, the lower court’s punishment is too uneasible and unreasonable.