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(영문) 서울중앙지방법원 2014.06.26 2014노1164

정보통신망이용촉진및정보보호등에관한법률위반

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All appeals by the Defendants are dismissed.

Reasons

1. The sentence (four million won by each of the defendants) pronounced by the court below on the gist of the grounds of appeal is too unreasonable.

2. It is recognized that the Defendants led to confession and reflect the entire crimes of this case, the Defendants had no record of criminal punishment prior to the instant criminal punishment, and the Defendants have yet to reach the age of the Defendants.

However, the illegal collection of personal information is very serious and serious damage caused by the illegal collection of personal information, as well as the second and third damage caused by the illegal collection of personal information, which is caused to damage to the trust in the information and communications network, and the social cost to be paid to recover it is enormous. Therefore, it is necessary to strictly punish such crime. After receiving a summary order of five million won as a result of the crime in this case, the Defendants filed a request for formal trial on the grounds that the Defendants are in depth and the fine is too harsh. The court below decided that the amount of fine for each summary order was reduced by fully considering the circumstances of the Defendants, etc. at the court below, and the circumstances leading up to changing the sentence of the court below in favor of the Defendants are not presented to the appellate court. In addition, considering the motive and occurrence of the crime in this case, the degree of the Defendants’ participation in the crime in the crime in this case, the circumstances after the crime, the contents and quantity of the illegally collected personal information, the Defendants’ personality and behavior, and family relation records and arguments, the Defendants’ punishment is not justified.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit.