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(영문) 서울동부지방법원 2014.12.04 2014노1290
개인정보보호법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that E’s statement that the Defendant was directly provided with the victim F’s personal information from the Defendant and that the credibility of the victim F’s statement was the key issue of this case. In the case of E’s statement, even though the victim’s personal information was provided, it cannot be said that the victim F’s entire statement is not reliable because the victim’s statement differs from each other, and in the case of E’s statement, it cannot be said that the victim F’s statement did not have credibility because there is no reason to make a statement unfavorable to the Defendant among the Defendant E, the lower court did not believe E’s statement and misleads the facts, thereby affecting the conclusion of the judgment.

2. Examining the evidence duly adopted and investigated by the court below and the reasons for the judgment of the court below closely, the court below determined that the statements of E and F are difficult to believe as they are, and it is difficult to recognize the facts charged of this case based on the remaining evidences, and it is just to accept the decision of the court below, and it cannot be said that there were errors by misconception of facts as alleged by the prosecutor and thereby affecting the conclusion of the judgment.

The prosecutor's assertion of mistake is without merit.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.

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