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(영문) 전주지방법원 2014.03.28 2014노47
위치정보의보호및이용등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (2,00,000 won of fine) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The judgment recognizes the Defendant’s criminal act of this case, and recognized favorable circumstances such as the fact that the Defendant did not have the same criminal records, but there is a need to strictly punish the Defendant by attaching a location tracking device on the victim’s vehicle in real time. While the Defendant alleged that the Defendant had reached the crime of this case by doubting the victim’s external appearance during the period when the victim was congested by agreement with the spouse, the Defendant’s personal records should be protected and personal rights should be respected. However, the reason for tracking the location of the Defendant’s assertion in the sense that the Defendant’s personal records should be respected is excessive and unjustifiable, and that the Defendant was merely the victim’s criminal records and did not have any effort to recover damage. In full view of the various circumstances that form the conditions for sentencing specified in this case, such as the Defendant’s age, character and behavior, environment, family relations, etc., the above Defendant’s argument is unreasonable. Therefore, it is not justified.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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