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(영문) 서울중앙지방법원 2015.06.05 2015노128
개인정보보호법위반등
Text

[Defendant A]

1. The part against Defendant A in the judgment of the court below is reversed.

2. Defendant A shall be punished by imprisonment with prison labor for one and half years.

Reasons

1. Summary of grounds for appeal;

A. Part concerning Defendant A (Appeal by Defendant A) 1 of the fact of a crime committed by a mistake of facts in the judgment of the court below that the Defendant leaked personal information as described in Article 2-b. of the facts of the crime as indicated in the judgment of the court below was not for the so-called Bophishing crime. 2-B of the facts of the crime

An act described in paragraph (1) constitutes an act accompanying an unbruptive act.

3) The sentence of the lower court on the grounds that the sentence of unfair sentencing is too unreasonable. B. According to the evidence submitted by the prosecutor of mistake of facts (the prosecutor’s appeal) on Defendant B, Defendant B’s leakage of personal information is recognized.

2. The sentence of the court below on unreasonable sentencing is too unreasonable.

2. Determination

A. Part 1 of Defendant A’s appeal is examined ex officio prior to the judgment on the grounds of appeal by Defendant A. The Prosecutor applied the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (personal information leakage, etc.), Article 71 subparag. 11, and Article 49 of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection), Article 2-A of the facts charged, and Article 2-A of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc.) to delete “a total of about 50,718 confidential information processed, stored, and transmitted through information and communications networks,” and this Court changed the subject of judgment by permission. However, the judgment of the court below was no longer maintained. However, the Defendant’s assertion of mistake of facts and misapprehension of legal principles are still subject to the judgment of this court. 2) In full view of the facts duly adopted and investigated by the court below.

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