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(영문) 서울동부지방법원 2015.09.25 2013고정1601

통신비밀보호법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Around January 13, 2011, the Defendant recorded the Defendant’s house located in Gangdong-gu Seoul Metropolitan Government Apartment C apartment 102 Dong 1403, and recorded the contents of conversations with the Defendant’s wife D, who is the Defendant’s wife, using a tape recorder and camera installed in the future, and recorded the Defendant’s home on January 2, 2012, by recording the contents of conversation with E in the same manner as the victim was made public.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Recording notes;

1. Marriage relation certificate and family relation certificate;

1. The details of the case search conducted by the Supreme Court (Seoul Family Court 2012d Family Court 106594)

1. Relevant statutory provisions concerning criminal facts and Articles 16(1)1 and 3(1) main text of the Protection of Communications Secrets Act (amended by Act No. 1229, Jan. 14, 2014); however, the statutory penalty for this crime shall not be selected by imprisonment with prison labor for not more than ten years and suspension of qualification for not more than five years; however, in this case, where only the Defendant requested formal trial, the principle prohibiting disadvantageous alteration as prescribed in Article 457-2 of the Criminal Procedure Act is applied to the case where only the Defendant requested formal trial, and the punishment cannot be determined by changing the disadvantage of the Defendant to a more disadvantage than a fine for the summary order,

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day converted);

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (the fact that the defendant has no record of punishment, the victim does not want the punishment of the defendant, the fact that there are circumstances that may be taken into account the motive and circumstances leading to the instant case, and other circumstances such as the defendant's age, character and conduct, environment, etc.) [Judgment on the defendant and defense counsel] The defendant and defense counsel endeavor to protect the victim's abuse and neglect of the victim's symptoms showing symptoms that each of the instant acts could not express opinions.