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(영문) 서울동부지방법원 2015.07.03 2015고정831
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who was in de facto marital relationship from April 12, 2014 to October 3, 2014.

In spite of the Defendant’s failure to infringe on an information and communications network without access authority or beyond the permitted access authority, the Defendant stated that “the indictments shall be made on 37 occasions, such as the records of access from around 08:59 on November 26, 2014 to February 16:09, including the records of access from February 1, 2015, “from around 08:59 on November 26, 2014 to around 16:09 on February 1, 2015.” However, to the extent that it does not disadvantage the Defendant’s exercise of the Defendant’s right to defense, the indictments shall be corrected by supplementing the date and frequency of the intrusion on the information and communications network by attaching the records of access from the attached Form No. 4 without due process.

In the Defendant’s residence in Songpa-gu Seoul Metropolitan Government and 201, the Defendant entered the Internet portal site’s “htp:/www.” without any access authority into the Internet portal site’s personal information combined with the victim’s ID (D) and connected to the victim’s account, and then opened a photograph file that is set up in the victim’s personal photograph tag (htp://www.cywd.com) operated on the above website, and infringed on the information and communications network without any access authority, such as arbitrarily withdrawing the victim from the enclosed.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes governing the Round of No. Raint;

1. Article 72 (1) 1 and Article 48 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. The daily conversion amount under Articles 70(1) and 69(2)1 of the Criminal Act to the detention in a workhouse; and

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