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(영문) 서울서부지방법원 2017.10.26 2017노793

재물손괴

Text

The defendant's appeal is dismissed.

Reasons

1. Although the Defendant did not delete the file by accessing the victim’s computer, the lower court erred by misapprehending the legal doctrine or misunderstanding the facts charged of the instant case, although the Defendant did not have any error in the misapprehension of the legal doctrine.

2. Determination

A. The court below found the defendant guilty of the charge of this case on the ground that ① as a result of digital sirening of the victim’s computer, any arbitr connects the victim’s computer to USB or external dives, opened a document file in the above computer, or deleted documents files while accessing the Internet and copying documents, etc.; ② the above date and time, the victim’s computer was mixed with the defendant at the office where the victim’s computer was located; and ② the external storage media using the same son’s son’s name as the first son’s English name was approaching the victim’s computer. In full view of the evidence duly adopted and examined, the court below’s aforementioned judgment is just and acceptable.

B. As to this, the Defendant asserts to the effect that a digital siren-type computer is not a victim’s computer. However, the victim made a business trip to China, and confirmed the password on March 29, 2015, and that the password was changed as a result of checking the computer on March 29, 2015, and that due to the help of J, it was confirmed that the computer was deleted by requesting it to the computer restoration company, which is the bank KAWP, and the above restoration company’s analysis results were submitted to the investigation agency. Since the analysis results of the Seoul Southern District Prosecutors’ Office coincide with the above restoration company’s analysis results, the files confirmed to have been deleted from the above analysis process and the files related to the victim are related to the files. In full view of the above analysis process and the fact that the files are related to the victim, the object of digital siren-type analysis is also subject to digital information analysis.