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(영문) 울산지방법원 2016.05.20 2016고정337
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No one shall intrude into an information and communications network without legitimate access, but the Defendant, at around 16:40 on October 26, 2015, invaded upon the information and communications network without legitimate access by entering the victim C’s old language ID and password, which was known to the general public, on the ground that the Defendant’s consciousness of the victim C, who was sexually aware, was imprisoned in the residence located in Ulsan-gu, Ulsan-gu B apartment site 212, 701.

2. No one shall intrude into an information and communications network without legitimate access, but the Defendant, on November 2, 2015, connected the victim’s Google account in the same manner as described in paragraph 1 at the same place as described in paragraph 2:08 around November 2, 2015, and infringed on an information and communications network without legitimate access authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 72(1)1 and Article 48(1) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (Amended by Act No. 14080, Mar. 22, 2016); the selection of fines (in the case of a student status, the primary offender is a student status; the anti-sex is a student status; the amount of fines shall be determined in consideration of the circumstances leading to the instant crime);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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