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(영문) 서울북부지방법원 2016.08.26 2016노1020
사기등
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A shall be punished by imprisonment with prison labor for not less than six months, and Defendant C.

Reasons

1. Reasons for appeal;

A. The Act on the Protection, Use, etc. of Location Information (Defendant A) punishes the act of collecting location information of mobile objects without the consent of the owner.

Defendant

A is the owner of a vehicle subject to the collection of location information, and it does not constitute a violation of the Act on the Protection and Use of Location Information.

B. The lower court’s punishment against the illegal Defendants is heavy.

2. We examine the Defendants’ grounds for appeal ex officio prior to the judgment.

The prosecutor collected location information of mobile objects by receiving the last transmission of the charge of violating the Act on the Protection and Use of Location Information against the Defendants.

A passenger on board a passenger car with transmission

J collected location information.

An application for changes to the bill of amendment was made.

This court allowed changes in the bill of amendment to the indictment and became different.

3. The judgment of the court below is reversed ex officio due to changes in indictment.

Pursuant to Article 364(2) of the Criminal Procedure Act, the part of the judgment of the court below against the Defendants shall be reversed ex officio, and it shall be decided again after pleading as follows.

Criminal facts

The summary of the evidence and the criminal facts against the Defendants recognized by this court were collected by receiving the last part of the criminal facts in violation of the Act on the Protection and Use of Location Information among the criminal facts in the judgment below.

A passenger on board a passenger car with transmission

J collected location information.

Except for the change to the court below, it is identical to each corresponding column of the court below's judgment, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The Defendants: Article 347(1) and Article 30 of the Criminal Act; Article 40 Subparag. 4 and Article 15(1) of the Act on the Protection, Use, etc. of Location Information; Article 30 of the Criminal Act (personal information).

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