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(영문) 수원지방법원 2016.11.04 2016노4181
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is not constituted a crime since he was aware of the victim’s account with C’s consent.

B. The lower court’s sentence of unreasonable sentencing (fine 500,000) is too unreasonable.

2. The Defendant made the same assertion as the above grounds for appeal even in the lower court’s determination of mistake of facts.

The court below rejected the above assertion in detail on the part of "the judgment on the defendant's and defense counsel's assertion" among the reasons for the judgment.

Examining the above judgment of the court below with evidence records, the judgment of the court below is just, and there is no error of law by misunderstanding facts in the court below, which affected the conclusion of the judgment.

Therefore, the defendant's assertion is without merit.

3. There are extenuating circumstances, such as the Defendant’s primary offender without previous conviction, on the assertion of unfair sentencing.

However, since personal information should be protected more strongly in the Internet space, it cannot be deemed that the crime of this case is light, and considering various sentencing conditions such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, degree of damage, circumstance after the crime, etc., the punishment imposed by the court below is too unreasonable.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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