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(영문) 창원지방법원 2014.10.15 2014노1413
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

1. The part of the judgment of the court below regarding Defendant B shall be reversed.

2. Defendant B shall be punished by imprisonment with prison labor for not more than ten months;

3.Provided, That.

Reasons

1. Summary of grounds for appeal;

A. The sentence that the court below sentenced the defendants to the defendants (the defendant A: imprisonment of 8 months, the defendant B's imprisonment of 10 months, the confiscation) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendants is too unfortunate and unfair.

2. Determination

A. Defendant A recognized that all of the instant crimes were committed by Defendant A and reflected in depth, Defendant A’s relatively minor degree of participation as an employee of the FF company run by Defendant E, Defendant A around 195, around 2003, and around 2013, without any other criminal records, with the exception of punishment imposed by a fine due to the instant crime, etc., are the circumstances favorable to Defendant A.

However, the crime of this case is that Defendant A provided personal information in collusion with Defendant B in aggregate 7,80,000, and the amount of personal information provided is a significant amount of personal information; damage caused by the divulgence of personal information by itself, and the trust of the people on the safety of information and communications network has been significantly damaged and the increase in social expenses to recover it has become a serious social issue; the above personal information includes multiple detailed and detailed personal information, such as the name and resident registration number of the individual, the workplace, the card use balance, the number of overdue payments, the number of overdue payments, and the annual income, which are disadvantageous to Defendant A.

In addition, comprehensively taking account of various circumstances such as Defendant A’s age, character and conduct, environment, family relationship, circumstances surrounding the crime, means and consequence, and the circumstances after the crime, etc., the lower court’s sentence that the Defendant A was sentenced is too minor or unreasonable, in light of equity with criminal punishment for the crime committed in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and other similar crimes.

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