마약류관리에관한법률위반(대마)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to 11 months.
Of the facts charged in the instant case.
1. Summary of grounds for appeal;
A. As to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection (Violation of Information and Communications Network Utilization Act, etc.), the instant facts charged was an account certified as a mobile phone number in the name of the Defendant, and the Defendant had a legitimate authority to access the instant Kaka Stockholm account or the Kaka Kaka scar scaro relating thereto.
Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in the misapprehension of facts or legal principles.
B. The punishment sentenced by the lower court (an additional collection of KRW 3,00 in 1 year and February, 300) is too unreasonable.
2. Determination as to the misapprehension of facts or misapprehension of legal principles
(a) No person who is charged with violating the Act on Promotion of Utilization of Information and Communications Network and Protection of Information (Violation of Information and Communications Network, etc.) shall intrude into an information and communications network without legitimate access authority or beyond permitted access authority;
On June 22, 2015, the Defendant accessed the victim’s information and communications network without legitimate access over a total of five occasions, such as written in the list of crimes, from that time until June 30, 2015, following the victim’s access to the victim’s Kakao Stockholm account without authority by using the victim’s telephone number, which was an internal-related relationship, to which the victim E would not be contacted.
B. The lower court found the Defendant guilty of this part of the facts charged in full view of the presented evidence.
(c)
Article 48(1) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) provides that “No person shall have access to information and communications networks without legitimate authority or beyond permitted access authority.”