정보통신망이용촉진및정보보호등에관한법률위반
The judgment of the court below is reversed.
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles continued to post a statement to a person who conducts volunteer activities for animal protection, including the Defendant, by using a number of sub-sectors with which the originator is unclear.
In order to prevent the victims from continuing to occur, the defendant inevitably posted the conversation between D and other people on the Kakao SNS.
The defendant's act constitutes a justifiable act that does not violate the social rules prescribed in Article 20 of the Criminal Act.
Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding guilty of the facts charged in this case.
B. The sentence sentenced by the lower court is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant, prior to the judgment on the grounds for appeal.
“Leakage of another person’s secret processed, stored, or transmitted through an information and communications network” under Article 49 of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) does not mean any divulgence of another person’s secret, but it shall be interpreted by limiting it to mean only an act of informing another person who has acquired another person’s secret processed, stored, or transmitted through an information and communications network by unlawful means or method, such as intrusion into the information and communications network, and a person who is aware that such secret has been acquired through the said method has yet to be known to the person who has yet to be aware of the secret (see Supreme Court Decision 2010Do10576, Dec. 13, 2012). According to the evidence submitted by the prosecutor, both D and C’s Kakao Stockholm dialogue content (attached No. 1 and 2 No. 1, 3) and C and E Kaka Kakao Stockholm conversation content (attached Table 3 and 44 of the lower judgment).