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(영문) 의정부지방법원 2020.11.26 2018노3271
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (as to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Network Utilization and Information Network Utilization and Information Network Utilization and Information Network Utilization Act (information and communications network infringement), the Defendant had access to G using the E’s E’s E’s E’s E’s E’s E’s E’s E’s E’s E’s E’s ID (hereinafter “E’s E’s E’s E’) and password, but did not know that the instant A’s E’s E’s E’s E’s E’s E’s E’s E’

The judgment of the court below that found the Defendant guilty of this part of the facts charged without the intention of violating the Act on Promotion, etc. of Information and Communications Network Utilization and Information Network Utilization and Information.

B. The lower court’s sentence of unreasonable sentencing (fine 3.7 million won) is too unreasonable.

2. Determination

A. The Defendant alleged the same purport in the lower court’s judgment regarding the assertion of mistake of facts, and the lower court rejected the Defendant’s assertion and found the Defendant guilty of the facts charged on the grounds as indicated

In full view of the following circumstances acknowledged by the reasoning of the lower judgment and the evidence duly admitted and examined by the lower court, the Defendant may be found guilty of this part of the facts charged:

Defendant’s assertion of mistake is not accepted.

1) The Defendant, as a person who had engaged in BJ activities from G, was permanently suspended from his account, asked whether he left D who had worked as GJ in order to view G broadcasting, and received the ID and password of this case. 2) G can only create one ID per one person.

D It is a system that receives the ID and password of this case from E who was in panty and manages the viewers as above, and G is not able to manage the viewers connected to PC in the event of broadcasting by using a mobile device. D is a mobile broadcast, and arbits the instant ID.

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