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(영문) 수원지방법원 2017.09.07 2017노159

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Suwon District Prosecutors' Office No. 2015, No. 2048.

Reasons

1. In light of the fact that the defendant's appellate brief of the grounds for appeal by the defendant and his defense counsel (unfair sentencing) recognized the defendant's error and against the defendant, the sentence of the court below that sentenced two years of imprisonment and forfeiture is too unreasonable.

2. We examine ex officio the grounds of appeal prior to determining the grounds of appeal.

Of the facts charged (based on prosecution on July 7, 2015), the Prosecutor stated “Personal Information 1,453,249,597, including resident registration numbers and telephone numbers,” “Personal Information 1,453,249,597” in Section 10 (1) as “Personal Information 28,394, such as telephone numbers,” and “from 29,943, such as N, etc., 29,943,” in Section 2 (1) as “from 28,394, such as N, etc., N, 28,394” in Section 6 through 8 (3) as “No more than 47,914, mobile phone numbers, work needs, etc., and no more than 28,000,0000,0000 PPs, including “No more than 3,000,000 PPs,” or changed its name and 47,00,000.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal of sentencing. The judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts and evidence of the defendant are the facts constituting the crime of the court below and the summary of the evidence. The defendant's resident registration number and telephone number are 10 of the facts constituting the crime of the court below.