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(영문) 서울북부지방법원 2019.07.18 2019고단606
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On June 12, 2018, from around 20:52 to 20:53 on the same day, the Defendant attempted to “SPL projector attack (in the case of entering orders into a log screen)” on four occasions in order to hacking the server of the Army Training Center website (www.www.watc.mtile) for the purpose of downloading the photographs taken by committing to the Army Training Center at the Defendant’s house located in the Seoul Western-gu Seoul Metropolitan Government from around 20:52 to 20:53 on the same day, the Defendant failed to achieve the wind that the City/Do was detected and interrupted by the Korea Army Security Command threat Control System.

Accordingly, the Defendant attempted to intrude into an information and communications network without access authority and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection (Violation of Information and Communications Network Utilization, etc.);

1. Requests for the provision of communications data;

1. Readings from server attack data;

1. Application of Acts and subordinate statutes on records of Defendant PC access

1. Article 71 (2), 71 (1) 9, and 48 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense;

1. The information and communication network of the state agency with reason of sentencing under Article 62(1) of the Criminal Act was attempted to hacking, the defendant was punished for a similar crime: Provided, That the crime was committed to attempted crimes, and the purpose was to access to confidential or important information;

The punishment as ordered is not deemed to be a planned crime, such as the search and use of hacking methods at the seat, and other various sentencing conditions, such as the defendant's age, occupation, character and conduct and environment, motive and circumstance of the crime, etc., shall be determined in consideration of the following factors.

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