The judgment below

The remainder, excluding the dismissed part among the public prosecution, shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The lower court dismissed the prosecution regarding intimidation among the facts charged in the instant case, and rendered a judgment of conviction as to the remainder of the facts charged, and a judgment of acquittal as to the remaining facts charged.

The prosecutor stated in the “Scope of Appeal” column of the petition of appeal as “wholly”, but did not claim the grounds for appeal as to the dismissal part of the above indictment.

Thus, the dismissal part of the indictment was exempted from the object of attack and defense between the parties and was de facto relieved from the object of trial.

Therefore, the conclusion of the court below is followed with respect to this part, and it is not judged separately in the trial.

2. Summary of reasons for appeal;

A. According to the evidence submitted by the Prosecutor’s misunderstanding of the facts (not guilty part of the judgment below), the Defendant could fully recognize the fact that, if the victim concealed the victim’s text message and contact with F with the intent to obtain the said text message and displayed the said text message, the Defendant entices the victim as if he were to read the victim, took the victim’s personal phone at the time of the victim’s reliance, sent the victim’s instant text message and contact information to his father, etc., and then sent the victim’s text message and contact information to the Defendant’s body.

The defendant's act constitutes an act of deceiving the victim and obtaining access to the information and communications network and committing an act other than the originally granted authority of the victim, which infringes on the victim's secrets processed, stored or transmitted through the information and communications network and constitutes an act of divulging.

Nevertheless, the judgment of the court below which acquitted each of the facts charged of violation of the Act on Promotion of Use of Information and Communications Network and Information Protection, etc. (Violation of Information and Communications Network, etc.) was erroneous.

B. The sentence of the lower court’s unfair sentencing (two years of suspended sentence in August, 200, and confiscation) is deemed to be too uneasible and unfair.

3. Reasons for ex officio appeal due to changes in indictment.