개인정보보호법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
In case of seized prefabricated computers (U.S.).
1. The sentence of the court below against the defendant on the summary of the reasons for appeal (the imprisonment of one year and four months, the additional collection of 18,340,000 won) is too unreasonable.
2. The crime of this case is found to be disadvantageous to the defendant, such as that the defendant sold personal information collected by hackinging the Internet site and received money in consideration of the period and frequency of the crime, method of the crime, etc., and that the defendant was punished for the same kind of crime, and that he committed the crime of this case during the period of repeated crime.
However, the defendant's confession of the crime of this case reflects the defendant's mistake in depth, and the defendant's growth in an unbrupted environment with the divorce of the parent at the time of the defendant's mother, but will enter the technical school and live as a healthy society.
Considering the fact that it is hard to keep a balance, the degree of illegality of the act committed by the defendant and the fact that the sentencing need to be maintained balance, and the overall circumstances that form the conditions for sentencing as shown in the pleadings of this case, such as the age, sexual conduct, environment, etc. of the defendant, the punishment of the court below against the defendant is too unreasonable.
Therefore, the defendant's argument that the above sentencing is unfair is justified.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 70 of the Personal Information Protection Act (Article 70 of the Act on the Protection of Personal Information) and the choice of punishment for a crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. The Personal Information Protection Act;