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(영문) 울산지방법원 2015.09.25 2015노620
개인정보보호법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (2.5 million won of a fine) is too unhued and unfair.

2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant sent and divulged personal information containing the name, telephone number, etc. of its members to another person by e-mail without the consent of the subject of information, and the liability for the crime was not less than 700 personal information was provided due to the crime of this case. B, who was provided with personal information by the Defendant, uses the personal information as part of its members, to send text messagess to some of its members, etc.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case, there is no record of criminal punishment against the defendant, the fact that the defendant did not obtain real benefits in return for providing information, and the fact that it is difficult to achieve the most economic situation due to the fact that the defendant supports his parent and wife, etc.

In full view of the above unfavorable circumstances and favorable circumstances, and all the conditions of sentencing as shown in the records and trial process of this case, such as the defendant’s age, character and conduct, environment, family relationship, motive and circumstance after the crime, etc., the prosecutor’s assertion is without merit, since the sentence imposed by the court below is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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