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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
Reasons
1. The summary of the grounds for appeal is clear that it constitutes a crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection in the case of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, among the facts charged in the instant case. Thus, the court below erred in the incomplete hearing and erroneous determination of facts in the judgment below which acquitted the defendant without requesting to change the indictment, even though it is not likely that this part
2. Before the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor examined the case as to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc., among the crimes in the indictment of this case, as "violation of the Personal Information Protection Act"; "Article 71 (1) and Article 22 (1) of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. among applicable provisions of Acts"; "Article 71 (2) and Article 18 (1) of the Personal Information Protection Act"; "Article 71 (1) of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc."; and "
However, the changed portion as above and the remaining facts charged that the court below found guilty should be sentenced to a single sentence in the concurrent crimes relationship under the former part of Article 37 of the Criminal Act, so the judgment of the court below cannot be maintained any more.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's grounds for appeal, and it is again decided as follows.
Criminal facts
The summary of the evidence and facts charged against the defendant recognized by this court and the summary of the evidence are as follows in regard to the criminal facts of the judgment below.