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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant (i) misunderstanding of facts and misunderstanding of legal principles infringed the right of attorney to participate in the search and seizure of the instant information storage device during the process, and in violation of the restriction on the search and seizure method of information storage device or the limitation on the contents of the search and seizure warrant, and thus, the illegal performance of official duties
Shebly, the sentencing of the first instance of unfair sentencing (the fine of five million won) is too unreasonable.
(b) The sentencing of the first instance court (the sentencing of a fine of five million won) by the Prosecutor is too unhued and unreasonable.
2. Determination
A. Furthermore, based on the evidence duly adopted and investigated by the first instance court as to the Defendant’s assertion of mistake and misapprehension of legal principles, the following circumstances were examined: (a) the original server was allowed to be taken out under certain conditions; and (b) if the person subject to seizure refuses to participate or is unable to provide cooperation, the seal of the server was not required to guarantee the participation of the person subject to seizure, etc.; and (c) in the process of the search and seizure of this case, there were no errors in matters of law regarding the limitation on the warrant related to the right to participate by defense counsel, the method of search and seizure, or the limitation on the legal regulations, and thus, the Defendant’s assertion of misunderstanding of facts and misapprehension of legal principles is not acceptable.
B. We examine both of the Defendant and prosecutor’s assertion of unfair sentencing.
The details and motive of the Defendant’s moving toward the instant crime, the contents and method of the instant crime, the type of the Defendant’s act and the degree of participation, the criminal records and circumstances after the Defendant committed, and other ages, character, character, environment, occupation, and family relationship.