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(영문) 광주지방법원 2015.08.27 2015노134
정보통신망이용촉진및정보보호등에관한법률위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended sentence, two years of probation, one hundred and twenty hours of social service, confiscation) is too uneased and unreasonable;

2. Each of the instant offenses is deemed to have been provided or leaked by the Defendant to use the personal information illegally leaked to sell cancer table sales, etc., and the secondary and third damages arising from the leaked personal information as well as the secondary and third damages therefrom are serious; furthermore, social costs are enormous since the trust in the safety of information and communications network is substantially damaged and thus, it is necessary to punish the Defendant accordingly. The amount of the personal information illegally acquired is considerable.

However, considering the favorable circumstances, such as the fact that the defendant repents his mistake and reflects it, the defendant's failure to repeat the crime, the fact that he has lived in good faith so far, the fact that he is suffering from the currently suffering from the disease and requires treatment, and that the defendant does not seem to use all illegal personal information, the favorable circumstances, the defendant's age, character and behavior, the environment, the circumstances and result of the crime of this case, and all of the sentencing conditions in this case, such as the circumstances after the crime, etc., it is not recognized that the sentence of the court below is too unjustifiable and unfair. Thus, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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