개인정보보호법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal that the court below sentenced the Defendants to the punishment (one million won by each fine) is deemed to be too unhutiled and unfair.
2. Determination
A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first deliberation regarding the determination of sentencing, and the fact that the appellate court’s ex post facto heart character, etc., it is reasonable to respect the first-oriented sentencing in a case where there is no change in the conditions of sentencing compared to the first-class trial, and the first-class sentencing does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) Examining the record in light of the foregoing legal principles, the reason for the illegality of the sentencing asserted by the prosecutor appears to have been sufficiently considered in the lower court’s determination of
In addition, the defendants did not divulge and receive personal information in order to pursue private economic interests; there are circumstances that can be considered in the motive leading to the crime of this case; Defendant B paid KRW 5 million to the victim for the agreement with the victim after the crime of this case; and Defendant B had issued a seizure collection order (a seizure and collection order, 2001, excluding the Gunsan Branch of the Jeonju District Court, 201) on the Defendant’s wage claim around April 20, 2016 by the process certificate prepared in the process of agreement. In full view of other circumstances that are conditions for the sentencing of this case, including the Defendants’ age, sex, environment, family relationship, circumstances after the crime, etc., the sentencing of the lower court is deemed to have been conducted within the reasonable scope of discretion, and thus, it is reasonable to respect this.
Therefore, the prosecutor's improper argument of sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.