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(영문) 광주고등법원 (제주) 2015.01.07 2014노124
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

1. The part of the judgment of the court below as to the second crime is reversed.

A defendant shall be punished by a fine of 700,000 won.

Reasons

1. The summary of the grounds for appeal (the fine of KRW 1,500,000 for the first offense and the fine of KRW 1,50,000 for the second offense in its holding) is too unreasonable.

2. Determination

A. The facts that the Defendant first committed the instant crime is the first offender, and the Defendant reflects the instant crime, etc. are favorable to the Defendant.

On the other hand, the crime of this case is an intrusion upon another person's information and communications network without authority, and is likely to interfere with the sound use of the information and communications network and seriously infringe on personal information, and is disadvantageous to the defendant.

In addition, in full view of the defendant's age, character and conduct, environment, the background, means and methods of the crime of this case, and the circumstances before and after the crime, it is not determined that the court below's sentence against the defendant is too unreasonable.

Therefore, this part of the defendant's argument is without merit.

B. Prior to the judgment on the grounds for appeal on this part of the part concerning the crime No. 2 in the judgment of the defendant, the prosecutor applied for permission to amend the contents of "documents" (the third side of the indictment) to "other similar documents" among the facts charged against the violation of the Public Official Election Act. Since this court permitted this, the part concerning the crime No. 2 in the judgment of the court below cannot be maintained any more.

3. Accordingly, the defendant's appeal on the part concerning the crime No. 1 in the judgment of the court below is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and since the part concerning the crime No. 2 in the judgment of the court below (violation of the Public Official Election Act) is without merit, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant

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