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(영문) 부산지방법원 2016.08.24 2016고정793
컴퓨터등장애업무방해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

From April 13, 2015 to August 12, 2015, the Defendant is a person who has been in charge of the management of students of a private teaching institute, public relations of private teaching institutes, preparation of notices to allow parents to peruse the learning status of their children, etc. in the E Language Research Institute operated by the victim D, located in Busan Metropolitan Government C.

No one shall damage other person's information processed, stored or transmitted through an information and communications network.

Nevertheless, on August 19, 2015, the Defendant damaged the victim’s information processed, stored, or transmitted through an information and communications network by deleting about 20 photographs and about 10 videos on the Internet page from April 16, 2015 to August 4, 2015, under the pretext that the Defendant had been working in the said educational institute, at the Defendant’s residence located in the F and 2nd floor of Busan F and the second floor.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. The Defendant alleged that a notice that the Defendant’s deletion does not constitute “other person’s information,” but the “information” as provided by Article 71 subparag. 11 of the Act on Promotion of the Use of Information and Communications Network and Protection of Information, Etc. constitutes an act of damaging “other person’s information” as provided by the above Act, since the information stored in the information and communications network and managed by other persons than the actor’s “information” is also subject to protection. Thus, it is reasonable to deem that the Defendant’s act of deleting the notice without the victim’s consent constitutes an act of damaging “other person’s information” as provided by the above Act, and there was an intentional or intentional intent of damaging other person’s information.

[Determination]

Application of Statutes

1. Criminal facts;

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