정보통신망이용촉진및정보보호등에관한법률위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
No. 1 and No. 2 shall be confiscated.
1. The sentence imposed by the lower court (one year and six months of imprisonment, and confiscation) on the gist of the grounds of appeal is too unreasonable.
2. The crime of this case is deemed to have been committed by the defendant by spreading a malicious program to interfere with the business of the proxy driving company and intrusion upon another person's personal information with the information and communications network. The criminal liability of the defendant is not less and less in light of the method of crime and the content of crime, etc., and the defendant has a criminal record of suspended execution due to the crime of violation of the Information and Communications Network Act. Meanwhile, the defendant recognized all the facts charged in this case and reflects his mistake, and does not seem to have any significant damage to the victim due to the crime of this case. After the decision of the court below, the defendant agreed with the victim representative driving company and the manufacturing company of "the substitute driving app" and the above company did not want the defendant's punishment, and considering the defendant's age, sex, environment, family relationship, circumstances after the crime, etc., the defendant's punishment is too unfair, and thus, the defendant's assertion is justified.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 70-2 and Article 48(2) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc., Article 30 of the Criminal Act (the distribution of malicious programs) concerning criminal facts, Article 71(1)6 and Article 28-2(2) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. (the acquisition of personal information) of the former Information and Communications Network.