The sentence of punishment against the Defendants shall be suspended.

Punishment of the crime

Defendant

A is a personal information manager who manages CCTV images installed in a resting room in a building as a head of the management department of the Changwon-si Masan District E in Changwon-si, Changwon-si, and Defendant B is a taxi engineer belonging to the above branch.

A personal information manager shall not provide a third party with personal information without the consent of the subject of information, and a third party who knows such circumstance shall not be provided with personal information from the person who manages the personal information.

Nevertheless, at around 10:00 on September 22, 2017, Defendant A operated CCTV perusal applications from Defendant B at the above E office, and operated video processing devices, and the victim F entered the said resting room to play in the customer room, and the Defendant B taken the video as mobile phone images.

As a result, Defendant A provided personal information to a third party without the consent of the subject of information, and Defendant B received personal information with the knowledge that the consent of the subject of information was not obtained.

Summary of Evidence

1. The Defendants’ respective legal statements

1. A protocol concerning the examination of each police officer against G, H, I, and J;

1. Statement made by the police with regard to F;

1. The Defendants asserted that the Defendants’ act constitutes a justifiable act that does not contravene social norms.

"Acts which do not violate social norms" under Article 20 of the Criminal Code refers to acts which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether certain acts constitute legitimate acts which do not violate social norms and thus are excluded from illegality should be determined on an individual basis on an individual basis, based on specific circumstances, based on the following: (a) the motive or purpose of the act is legitimate in order to recognize such legitimate acts; and (b) the motive or purpose of the act is legitimate.