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(영문) 서울중앙지방법원 2013.06.14 2013노945
정보통신망이용촉진및정보보호등에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment of this case is a matter of allowing the Defendant, the “hacker,” to download customer information, etc. stored in the server by means of installing a hacking program, which is a web accelerator, upon C’s request, and allowing C, G, H, and I, etc., to intrude into the server and download the log file, etc. containing personal information of approximately 1,480,00 persons, and thereby infringing upon other persons’ secrets.

The Defendant led to the instant crime; the Defendant committed the instant crime on October 3, 201, who was arrested at the Police of the Philippines on October 4, 201, and was arrested on December 4, 2012 until forced repatriation on December 4, 2012; etc.; however, the Defendant already had the record of having been punished four times or more including two times of punishment for the same criminal conviction; the Defendant took measures to ensure that accomplices can download customer information, etc. by intrusion into modern Capital through hacking, thereby having taken an important role in the instant crime; and the lower court did not appear to have imposed any unfair sentence to the extent that the Defendant’s personal information was disclosed as it is, and the Defendant’s age, character and conduct, motive and circumstance of the instant crime and the record and circumstances after the instant crime were revealed.

3. As such, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

However, the judgment of the court below is ex officio under Article 25 of the Regulation on Criminal Procedure.

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