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(영문) 서울중앙지방법원 2018.05.17 2018고정840

위치정보의보호및이용등에관한법률위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall collect, use, or provide personal location information without obtaining consent from an individual.

Nevertheless, around November 14, 2017, the Defendant posted a location tracking device on the right part of the right part of the GMW car operated by the injured party without the consent of the injured party F at the parking lot located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and collected the location information of the injured party until November 17, 2017 by means of receiving the location information by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Details of letters between the F-A;

1. Application of Acts and subordinate statutes to photographs of location tracking devices, and site photographs of location tracking devices;

1. Article 40 of the relevant Act on the Protection, Use, etc. of Location Information regarding criminal facts and Article 40 subparagraph 4 and Article 15 (1) of the Act on the Protection, Use, etc. of Alternative Location Information, and Selection of fines;

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., the fact that the defendant acknowledges the crime and repents the wrong facts, and the motive and circumstances leading to the crime, relatively minor; the victim and the injured person agree with the victim simply agree that they are not subject to punishment for the defendant; the victim has no record of being punished for the