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(영문) 서울남부지방법원 2013.06.27 2013노666
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment (7 million won of fine) imposed by the court below is too unreasonable.

Therefore, the act of acquiring and trading personal information on the electronic medium for profit is a tort that infringes on the rights and interests of the subject of information in itself and a serious criminal act that leads to the risk of causing another crime. In addition, since the leaked personal information can not be deemed to be less than once by anyone of the citizens, such as communicating with the other party who does not want to do so or receiving unnecessary text messagess, it is necessary to strictly punish the leaked personal information. The amount of personal information provided or divulged by the accused is not small, and there are no special circumstances or changes in circumstances that may be considered for sentencing newly after the sentence of the lower judgment is sentenced to the punishment imposed on the related accomplices, and the punishment is imposed on the other related accomplices, even though considering the fact that the Defendant supports his or her married children and is in an economically difficult situation, it is not recognized that the punishment imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

(However) According to the records, Article 71 subparag. 6 and Article 28-2(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., of No. 2, No. 16 of the judgment below, “Article 71 subparag. 6 and Article 28-2(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.,” is obvious that it is a clerical error in the “Article 7

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