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(영문) 대구지방법원 김천지원 2019.09.11 2019고단522
정보통신망이용촉진및정보보호등에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant without permission access to another person's IP camera, which has a function of transmitting real-time images through the Internet network, and thought that women exceeded clothes, or have sexual intercourses with other persons' private life.

On August 27, 2018, at around 22:12, the Defendant used a computer with IP address D from around 22:12 to around 15, 2018, and had access to the IP address G located in the victim F located in the residence of the victim F, which was discovered through the overseas Internet site E, without permission, to enter the victim’s IP address G, which was installed in the residence of the victim F, and had access to the Roster by entering the victim’s “H” and the initial password “H” at the early stage, and had access to view the victim’s image by transmitting the victim’s image from January 1, 2018 to October 15, 2018.

Accordingly, the Defendant infringed on the information and communication network without legitimate access authority, and infringed on the secrets of others transmitted through the information and communication network.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of seizure of each police;

1. Filing internal investigation reports (Securing a list of information leakage data), internal investigation reports (acquisition of IP camera hacking programs), investigation reports (information on suspect A computer image, I, Egypt analysis), investigation reports (the result of analysis on S9 in case of gallonies owned by suspect cellular phones); the application of statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Intrusion into each information and communications network: Articles 71(1)9 and 48(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and the choice of imprisonment;

(b) Infringement of each secret: Articles 71(1)1 and 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and the choice of imprisonment.

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

1. Article 62(1) of the Criminal Act:

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