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(영문) 서울중앙지방법원 2017.07.11 2017고정555
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who works at a location D.

No one shall intrude into an information and communications network without legitimate access authority or beyond the permitted access authority.

Nevertheless, around August 27, 2016, the Defendant accessed the information and communications network beyond the authority of access without legitimate permission, such as accessing the victim F (40 e-mail) company website and password, which was known to prepare PPT in order to prepare the PPT in the office of the E-mail of Seoul Jung-gu, Seoul, by opening the victim's E-mail and confirming the details related to the Defendant, and photographing it with cell phone images.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. G statements;

1. The complaint, IP access records, E-M AIL content records, and the defendant's image [the defendant and the defense counsel opened the company's account to handle the company's business, and opened the E-mail of this case, which is the report of the assault case related to the defendant, after having access to the company's account. Thus, it is alleged that this constitutes a justifiable act to the extent permitted under social norms. However, considering the circumstances leading to the crime of this case, the defendant's act satisfies the requirements such as the reasonableness of the means or method, urgency, and supplement of the means or method required in a legitimate act, even if there are circumstances that may consider the motive of the crime.

It is difficult to see it.

Therefore, the above assertion by the defendant and his defense counsel cannot be accepted.

Application of Statutes

1. Article 71 (1) 9 and Article 48 (1) (excluding punishment) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense, and Articles 71 (1) 9 and 48 (1) (excluding punishment);

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

1. Articles 70 and 69 of the Criminal Act to attract a workhouse.

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