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(영문) 울산지방법원 2016.05.13 2016노177
공갈등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As recognized by the lower court in misunderstanding the facts and legal principles, Defendant A was only involved in the instant crime after September 20, 2014, and thus, Defendant A does not assume responsibility as a joint principal offender for the crime of violating the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. and Information Protection, Etc. conducted in September 2014. However, the lower court, in collusion with Defendant A and with Defendant A, C, AG, AH, and AI stored in another’s computer on September 2014, thereby infringing on other person’s information processed by the computer, such as securing approximately 3,00 names and resident numbers.

On the other hand, the court found the defendant guilty of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. In so doing, the court below erred by misunderstanding facts or misunderstanding legal principles, which affected

2) The lower court’s unfair sentencing (one hundred months of imprisonment, confiscation) is too unreasonable.

B. Defendant B’s punishment (a year and six months of imprisonment, confiscation) is too unreasonable.

(c)

According to the prosecutor (Defendant A)’s statement, Defendant B’s statement, and Defendant AG’s statement, which is the accomplice of mistake of facts, even before September 20, 2014, Defendant A could be found to have participated in the instant crime. However, Defendant A rejected the credibility of the above accomplice’s statement and thus, Defendant A violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. around September 20, 2014 among the facts charged in the instant case against Defendant A, which was prior to September 20, 2014, on the charge of the crime committed before September 20, 2014, violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc. of Information, forgery of private documents and investigation documents mentioned in the list of crimes No. 1, written in the list of crimes, forgery of private electronic records written in the list of crimes No. 3, electronic records, and the above writing of electronic records, which affected the conclusion of the judgment of the court below.

2) The lower court’s sentence (10 months of imprisonment, confiscation) against Defendant A, who is unfair in sentencing, is too unfluent and unfair.

2. Determination

A. Defendant A's.

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