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(영문) 광주지방법원 2013.11.20 2013노1096
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The subject matter of the appellate court to be tried by the appellate court is not a ground for ex officio examination, only when it is stated in the petition of appeal or is included in the statement of reasons for appeal submitted within the prescribed period, and the matters not included in the statement of reasons for appeal shall be stated in

Even if there are grounds for appeal, such as the assertion contained in the statement, cannot be deemed to exist.

(2) In order to file an appeal of this case, the prosecutor stated that "the entire judgment" is "the entire judgment" in the "scope of appeal and the cover of the statement of grounds for appeal" in the appellate brief of this case. The appellate brief of this case also stated that the whole judgment of the court below is appealed. However, the appellate brief of this case stated only the mistake of facts and misapprehension of legal principles as to other person's illegal use of secrets, and the lack of sufficient deliberation as the grounds for appeal. In the conclusion, the appellate brief of this case stated that "the court of this case is erroneous in the misconception of facts, misunderstanding of legal principles as to other person's illegal use of secrets under Article 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter "Information and Communications Network Act"), and thus, it was caused to correct

According to the above statement of grounds of appeal, only the violation of Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. concerning the infringement of secrets and misappropriation of others shall be deemed to have included the grounds of appeal. The remaining violation of Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (information and communications networks

Therefore, the judgment of the court below regarding the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection (information and communications network infringement, etc.) and the obstruction of business was separated and finalized by considering the prosecutor's appeal.

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