Text
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for one year.
However, as to Defendant A, this shall not apply.
Reasons
1. The summary of the defendants' grounds for appeal (the defendant A: 1 year and 6 months of probation, the community service order of 160 hours, the additional collection of 875 million won, and the defendant B: 1 year and 6 months of imprisonment) are too unreasonable.
2. The judgment of this case is based on the fact that Defendant A illegally acquired personal information and identified the information of the applicants for individual rehabilitation by employing other persons, and given the information to Defendant B, and received the fees for the acceptance of the case among the Defendants. Defendant B committed the crime of this case during the suspension period of execution due to the same kind of crime.
However, in full view of the following: Defendant A was the first offender and the mistake is against the depth of the trial; Defendant B was against the depth of the error; Defendant B appears to have come to go to the crime of this case as Defendant A’s proposal; Defendant B’s age, occupation, character and conduct, motive and circumstance of the crime, circumstances after the crime, and sentencing guidelines, and all of the sentencing conditions specified in the records and arguments of this case, such as the sentencing age, occupation, character and conduct, circumstances after the crime, and sentencing guidelines, the lower court’s punishment against the Defendants is unreasonable.
I would like to say.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article applicable to criminal facts;
(a) Defendant A: Articles 71 subparag. 6, 28-2(2) (a) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; Articles 109 subparag. 2 and 34(1) (a) of the Attorney-at-Law Act; Articles 109 subparag. 2 and 34(1) of the Attorney-at-Law Act
B. Defendant B: Article 109 subparag. 2 of the Attorney-at-Law Act.