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(영문) 서울중앙지방법원 2017.02.09 2016노3826
개인정보보호법위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (No. 1: imprisonment with prison labor for 1 year and 2 years: imprisonment with prison labor for 4 months) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant's ex officio, the court of first instance and the court of first instance decided to concurrently examine the defendant's appeal cases of first and second costs against the defendant. Each crime of the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38 (1) of the Criminal Act. Thus, the judgment of the court below should be reversed.

3. Accordingly, the judgment of the court below is reversed in accordance with Articles 364(2) and 364(6) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 71 Subparag. 5 of the Personal Information Protection Act, Article 59 Subparag. 2 (the fact that personal information has been provided for profit), Article 231 of the Criminal Act (the fact that Article 231 of the Criminal Act has been provided for profit), Articles 234 and 231 of the Criminal Act (the fact that a private document has been exercised) and Articles 97 Subparag. 7 and 30 of the Telecommunications Business Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (inter-Koreanscambling of some of the above-mentioned documents);

1. Selection of each sentence of imprisonment;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the punishment of concurrent crimes is very large and its nature is not good, and the defendant has a record of criminal punishment several times is disadvantageous to the defendant.

On the other hand, the defendant erred.

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