A. In light of the legal principles, inasmuch as Article 74(1)5 of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., which punishs the illegal collection of electronic mail addresses among the facts charged of this case, is deleted and its punishment is repealed, a acquittal should be pronounced pursuant to Article 326 subparag. 4 of the Criminal Procedure Act.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment and two years of suspended execution, community service 40 hours) is too unreasonable.

2. Determination:

A. As to the assertion of misapprehension of legal principles, Article 74(1)5 of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., which punishs the unauthorized collection of e-mail addresses of the facts charged in the instant case, is amended by Act No. 12681, May 28, 2014, and its punishment is repealed in accordance with the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., which was enforced on November 29, 2014. However, in accordance with Article 2 of the Addenda of the amended Act, it is recognized that the former Act has a transitional provision that requires the application of penal provisions for violations before the enforcement of the same Act. Thus, the point of unauthorized collection of e-mail addresses

Therefore, the defendant's assertion of legal principles is without merit.

B. As to the assertion of unfair sentencing, the Defendant’s confessions the instant crime and reflects the instant crime, and the fact that there is no record of criminal punishment exceeding the fine, etc., on the other hand, the purpose of promoting the use of information and communications networks, protecting personal information of the users of information and communications services, and creating an environment that enables sound and safe use of the information and communications networks, thereby contributing to improving the people’s lives and promoting