logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.05.14 2014노5616
개인정보보호법위반등
Text

All appeals by the Defendants are dismissed.

All the costs of the lawsuit by the original instance and the party shall be borne by the Defendants.

Reasons

1. Summary of grounds for appeal;

A. Regarding the mistake of facts or misapprehension of the legal principle, the defendants expressed the victim's personal information while performing their duties as the president of the council of occupants' representatives in the public notice, and thus constitutes not only the intentional divulgence of personal information but also the act that does not violate the social rules, but also the judgment below which found the guilty of this part of the facts charged is erroneous by mistake of facts or misapprehension

Defendant

With respect to A’s intimidation, the judgment of the court below which found Defendant A guilty of this part of the facts charged is erroneous in the misconception of facts, although Defendant A did not threaten the victim.

B. The sentence against the Defendants of the lower court on the unreasonable sentencing (the suspended sentence of a fine of KRW 700,000, Defendant B: the suspended sentence of a fine of KRW 300,000) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, the Defendants alleged the same assertion in the original judgment, and the lower court rejected the above assertion by providing a detailed statement on the determination under the title “the judgment on the assertion of the Defendant and his defense counsel” in the judgment, and comparing the above judgment with the records, the lower court’s judgment is just and acceptable, and it does not seem that there was an error of misunderstanding of facts or misunderstanding of legal principles

Therefore, we cannot accept this part of the Defendants’ assertion.

B. It is true that the Defendants have favorable circumstances, such as serving as soldiers for not less than 30 years and living a life dedicated to the Republic of Korea on behalf of the Republic of Korea to the extent that they will be registered as persons of distinguished service to the State, the current age is aged, there is no particular criminal record, and the degree of damage in the instant case is relatively minor.

However, the lower court, taking into account the above favorable circumstances.

arrow