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(영문) 서울남부지방법원 2017.02.10 2016고단5630
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 27, 2016, the Defendant infringed upon a residence: (a) around 10:00, at the house of the Victim C (A, 33 years of age) of Gangseo-gu Seoul Metropolitan Government building B, the Defendant: (b) opened the corrected entrance and opened the door; (c) but (d) the Defendant attempted to open the key repair hole to keep the door open so that the victim would not open the door and forced the repair hole to open it; (d) the Defendant opened the entrance and intruded the residence of the victim.

2. Violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Violation of Information and Communications Network, etc.) requested the victim to cancel the smartphone locking device of the victim at a time and place similar to paragraph (1) and to present telephone details, etc., but the victim continued to refuse to do so, the victim’s refusal to directly remove the victim’s smartphone locking device by putting the victim’s severe fingers on his/her hand, and then infringed the victim’s secrets stored in the information and communications network by inspecting the contents and the list of the victim’s Kakao Stockholm conversation stored

3. Special assault Defendant: (a) filed a motion to the victim by asserting that the victim was unable to perform his/her monetary content with his/her former male son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant legal provisions concerning criminal facts, Articles 71(1)11 and 49 (a) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (a point of infringement on other persons’ secrets), Articles 261 and 260(1) of the Criminal Act (a point of special assault), Article 319(1) of the Criminal Act (a point of intrusion on residence), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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