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Defendant
D and prosecutor's appeal against Defendant A is dismissed, respectively.
Reasons
1. Summary of grounds for appeal;
A. Defendant D1) In fact, the Defendant did not deliver or spread the “flash.ex” program and “Photops.exe program.”
2) The sentence of the lower court (one year and six months of imprisonment) that was unfair in sentencing is too unreasonable.
B. The prosecutor (unfair sentencing - Defendant A)’s sentence (10 months of imprisonment, 2 years of suspended execution, and 240 hours of community service order) of the lower court is too unhued and unreasonable.
2. Determination
A. The following circumstances, i.e., the program “flash.ex” and “Photops.exe” program, which are duly adopted and examined by the lower court and the first instance court, are established on the part of Defendant D’s assertion of fact, are the malicious program with a remote control code located in the remote control server that is known to the computer users when installed on other computers, and operated the gambling program in the infected PC, and is a malicious program that has the function to transmit gambling information upon the implementation of the gambling program. Defendant D lent 5 Internet site servers such as “I, J, K, L, L, and M,” and leased the server (hereinafter “each server of this case”). Defendant D used each server of this case through each of the instant “flashh, Phosh program, program, program, program, program, program, and program,” which was used by Defendant D.
In the e-mail, the file was found, and the pre-e-mail created the right to access each server of this case with the highest manager, partnership authority, and partnership sub-managers in the above file -501. The pre-e-mail file has the function of setting up pening, management of the game interview account for the PC infected with the malicious code, such as a physical check for access to the PC, and providing a copy of the interview program. Defendant D also used the reading music program by accessing each server of this case using the above file as a file downloadd from A Q website and connected to each server of this case.
(b) a statement;