Defendant

All appeals filed by A, F, G and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant A, F, or G’s sentence (Defendant A: imprisonment of one year and six months, three years of probation, three years of probation, observation of protection, community service, 80 hours, additional collection of 6,7360, Defendant F: Imprisonment of eight months, suspended execution of two years, observation of protection, community service, 80 hours, Defendant G: imprisonment of one year, suspended execution of two years, observation of protection, community service, etc.) is too unreasonable.

B. The dissemination of an inspection malicious program is from the medium where the malicious program was stored to another medium, and it is not required that the program will immediately be transferred from the medium where it was stored to the other medium, and that, as a result, it would result in the interference with the operation of an information and communications system.

On the other hand, Defendant C made a statement to the investigative agency to the effect that this part of the facts charged is led to confession.

In light of the above legal principles and circumstances, Defendant C shall be deemed to have distributed malicious programs by causing N to install a hacking contest program in the mutual infilite PC located in Ulsan City according to a public contest with N and Defendant A, etc., but the judgment below which acquitted Defendant C of this part of the facts charged is erroneous in the misapprehension of facts and the misapprehension of legal principles which affected the conclusion of the judgment.

2. Determination of Defendant A, F, and G’s unfair argument of sentencing is favorable to the Defendants, including the following: (a) Defendant A, F, and G led to the confession of and reflect against the instant crime; (b) Defendant G was the first offender; (c) there was no record of punishment for the same crime; and (d) Defendant A had no record of punishment exceeding the fine; (c) Defendant A was unable to obtain specific profits due to the crime of infringement of information and communications network; (d) Defendant A did not operate a commercial sex business establishment; and (e) Defendant F and G did not have any more work at a commercial sex business establishment.

However, the crime of infringement of information and communications network by Defendant A spreads a hacking program to be used in gambling, and the crime of arranging sexual traffic committed by Defendant A, F, and G is committed.