The part of the judgment below against the Act on Promotion of Information and Communications Network Utilization.

1. According to the records of the party deliberation, the prosecutor prosecuted the injury, theft, and violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and the court below acquitted the injury among them, and acquitted the charge of larceny and violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.

As to this, the Defendant did not appeal and only the Prosecutor appealed on the ground of misunderstanding of facts and misunderstanding of legal principles as to the acquittal portion, and the above acquittal portion and the above conviction portion are concurrent crimes under the former part of Article 37 of the Criminal

Therefore, the part of the conviction against the Defendant and the prosecutor who did not appeal is separately determined by the expiration of the period of appeal, and the scope of the trial at the trial at the court below is limited to the part of the acquittal against the Defendant (see, e.g., Supreme Court en banc Decision 91Do1402, Jan. 21, 1992; Supreme Court Decision 2010Do10985, Nov. 25, 2010). This part is the subject of the trial at the court below.

2. The facts charged and the summary of the judgment of the court below

A. The summary of the facts charged (1) around 15:30 on April 17, 2012, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (hereinafter “Information and Communications Network Utilization and Information Protection, etc.”) and infringed on information and communications networks beyond the allowed access authority by accessing the text posted by F, which was known to the Defendant in the course of performing the duties of the said branch, to the fact that some of the contents of the article posted by F, a member, is related to the Defendant, at the Jinju-si Office of the Association, the victim E- which was located in the 6th floor of the D Center in Jin-si, Jin-si, Jin-si, Seoul, and that it was posted by F, a member,

(2) On April 17, 2012, the Defendant, at the office of the Jinju Branch Office of the Association, the victim E Association, the six-story of the D Hall located in Jinju-si, Jinnam-si, Jin-si, Jin-si, Jin-si, and the above.