The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment, confiscation) is excessively unreasonable.

B. The prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, it is necessary to strictly punish the Defendant in light of the following: (a) the Defendant acquired the victim’s ID and password by unlawful means; (b) access to the victim’s e-mail account; (c) thereby infringing the victim’s secrets; and (d) the Defendant’s consent by using the aforementioned methods; and (c) posting the victim’s b body photographs, etc. on his/her own website; and (d) allowing the victim to peruse it, thereby causing serious damage to the victim to the extent that it is difficult to lead a normal social life.

However, considering the following circumstances: (a) the Defendant agreed with the victim when he was in the trial; (b) the Defendant committed the instant crime against the victim; (c) the Defendant has no criminal records of punishment or suspended execution due to the same kind of crime; and (d) the Defendant has no criminal records of punishment or suspended execution or more; and (c) the Defendant’s age, character and conduct, motive, means and methods of the instant crime; and (d) the circumstances after

Therefore, the defendant's assertion is with merit and prosecutor's argument is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 72 (1) 1 and Article 48 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., concerning facts constituting an offense;