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(영문) 대법원 2014.08.20 2013도7157
정보통신망이용촉진및정보보호등에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

As to the facts charged in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”), the lower court found the Defendants not guilty on the ground that: (a) the Defendants’ deletion or restriction of access to the information posted on the bulletin board of the FF university electronic document management system and restriction of access to e-mails do not constitute a case where other persons’ information processed, stored, or transmitted through an information and communications network cannot be deemed as being damaged by the information and communications network under Article 49 of the Information and Communications Network Act, which is a legitimate authority as a manager of the electronic document management system.

Furthermore, as to the violation of the Protection of Communications Secrets Act, which is an additional charge at the lower court, the lower court acquitted the Defendants on the ground that the instant e-mail does not constitute a wiretapping under the Protection of Communications Secrets Act, even if the Defendants were to take measures to restrict perusal thereafter, since the instant e-mails did not constitute a wiretapping under the Protection of Communications Secrets Act.

Examining the records in light of the relevant legal principles, the above judgment of the court below is acceptable.

In so doing, contrary to the allegations in the grounds of appeal, there are no errors by misapprehending the legal principles on the "damage to other's information" under Article 49 of the Information and Communications Network Act or the interpretation of wiretapping under the Protection of Communications Secrets Act.

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