Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact-finding, the Defendant believed that Co-Defendant B was entitled to open a Handphone in the name of his mother in the name of Co-Defendant B and opened a Handphone using a copy of his personal information and identification card, and that B was entitled to open a Handphone in the name of A Q. Thus, the Defendant was guilty of this part of the facts charged even though he did not have any intention to exercise private electronic records, electronic records, or video records, etc.
B. The sentence imposed by the lower court (one year and six months of imprisonment, and compensation order) is too unreasonable.
2. Determination
A. The following facts or circumstances that can be acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: (i) B consistently stated from the investigative agency to the court below that the Defendant had a copy, etc. of A Q Q’s identification card, etc. by opening a Handphone without A Q’s consent, using the Handphone; (ii) B was punished due to this statement as a crime of fabrication of private electronic records, etc. and the use of the electronic records, etc.; (iii) B was trying to sell the above Handphone on the part of the Defendant, but intended to use it without selling it; and (iv) the Defendant made a statement to the effect that the Defendant had consistently made a statement to the effect that the Defendant had a Handphone using the Handphone, etc. without obtaining A Q’s consent; and (iv) the Defendant made a statement to the effect that the Defendant had a considerable credibility or credibility of the original Hand phone using the Handphone.