개인정보보호법위반
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The lower court’s punishment (a fine of KRW 20 million for Defendant A, Defendant B: a fine of KRW 5 million for Defendant C; and Defendant C: a fine of KRW 2 million) against the Defendants on the grounds of appeal (e.g., both forms of punishment) is deemed unreasonable.
2. Where there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The grounds for unfair sentencing, as asserted by the prosecutor, appears to be the circumstances in which the lower court determined the Defendants’ punishment, and sufficiently considered, and there are no circumstances to deem that the conditions of sentencing were changed in the appellate court, and the lower court’s punishment is reasonable within the reasonable scope of discretion, considering the aforementioned conditions of sentencing in the lower court.
Therefore, the prosecutor's assertion is not acceptable, since the sentence imposed by the court below is too unjustifiable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.