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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
No one shall intrude into an information and communications network without access authority or beyond permitted access authority, and shall infringe, use, or divulge another person's secrets processed, stored, or transmitted through the information and communications network.
Nevertheless, around June 28, 2019, the Defendant, at around 01:09, entered the victim’s mobile phone number with the victim’s mobile phone from the victim’s dwelling and the victim’s D, released the lock, and accessed the lock by accessing the information and communication network without access authority. After affixing the victim’s and the F and G people’s pictures with the victim’s cell phone, the Defendant disclosed the victim’s secret by submitting to the Suwon Family Court the aforementioned E-mail, etc. as evidentiary materials, along with the written complaint of divorce lawsuit and the written complaint of lawsuit on October 29, 2019.
Accordingly, the Defendant intruded on an information and communications network without access authority or beyond permitted access authority, and infringed and leaked another’s secrets processed, stored, or transmitted through the information and communications network.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of the Acts and subordinate statutes concerning a written complaint for submitting victims and photographic materials attached thereto;
1. Relevant legal provisions concerning facts constituting an offense, Articles 71 (1) 9 and 48 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Articles 71 (1) 11 and 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Penalty surcharge of two million won to be suspended;
1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);
1. Article 59(1) of the Criminal Act provides that the defendant is the primary offender, and the spouse who is the victim has cancelled the complaint and punished the defendant.