logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.08.27 2015노2116
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence imposed by the court below on the Defendants (a 1 year and six months of imprisonment, a 3 year of suspended execution, a 160-hour community service, confiscation, 25 million won additional collection) is too unfeasible.

2. As to the grounds of appeal, the Defendants committed a DNA attack by professional means, such as leasing a high-performance server and large network line with the aim of obtaining property benefits, and manipulating the IP of the server, etc. Accordingly, the information and communications network of the server subject to attack occurred. In particular, Defendant A actively participated in the instant crime even though he was engaged in the activities as a computer security education instructor, and Defendant B performed the role of receiving the criminal fund of KRW 80 million, etc. In light of the following: (a) the Defendants’ liability for the instant crime was considerably vague; (b) the Defendants were detained for three months as near the instant crime; (c) the Defendants’ criminal proceeds were additionally collected; (d) the Defendants were the first offender; (d) there was no history of punishment exceeding the fine; and (e) there was no change in extenuating circumstances or circumstances that may be newly considered after the sentence of the lower judgment; and (e) there were no undue circumstances or circumstances to acknowledge the Defendants’ age, character and conduct, motive, motive and method of the instant crime and the following circumstances.

3. The appeal against the Defendants by the prosecutor in conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow