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(영문) 창원지방법원 2016.05.26 2015고단2568
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

No one shall intrude into an information and communications network without legitimate access authority or beyond permitted access authority.

Nevertheless, on December 19, 2014, at the defendant's residence located at the window C of Changwon-si around 21:25 on December 19, 2014, the defendant posted a letter by accessing the victim's Kakao Scartoi and password to the victim D (which is the defendant's divorce lawsuit)'s wife, who was aware of his/her smartphone, using his/her own smartphone, by inputting the victim's wife.

The Defendant, including that, from around that time to June 29, 2015, infringed on the victim’s Kakao Account by the same method 13 times, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint filed for DNA preparation;

1. Application of the Acts and subordinate statutes to the Kakao Scaro closure data;

1. Article 72 (1) 1 and Article 48 (1) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. A comprehensive consideration of the circumstances leading to the crime of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the relationship between the Defendant and the victim, and the circumstances under which the Defendant is faced, etc., set the same sentence as the order.

Rejection of Public Prosecution

1. This part of the facts charged

A. A. On December 19, 2014, the Defendant violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) was admitted to the Victim D’s Kakao Scarto Account as indicated in the above criminal facts, and “I were hospitalized by his/her husband and wife on the following day he/she entered his/her house as male and female.”

(3) have been abandoned to the upper male while living together with the upper male, and has been abandoned to the upper male;

The "years", however, the victim did not have a fact of escape between male and female.

The defendant, including this, shall be attached from around that time to May 19, 2015.

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