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(영문) 광주지방법원 2016.07.15 2016고합56

통신비밀보호법위반등

Text

A defendant shall be punished by imprisonment with prison labor for one year and suspension of qualifications for two years.

However, the above imprisonment for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

"2016 Gohap 56" Defendant was living separately from his wife E from around 2013.

On March 2015, the Defendant entered the Defendant’s house of F apartment 102, 908, 102, and installed a tape recorder under the direction of the Defendant in order to record the victim’s conversation in a long time. On March 2015, the Defendant recorded on the tape recorder that the victimized police officer did not have his/her name and sexual intercourse with his/her children and made a telephone conversation with his/her children.

The defendant recorded a conversation between others that is not open to the public.

The defendant of "2016 High 89" is currently a couple who reported marriage around December 7, 2005 and the couple who reported marriage around December 7, 2005.

On February 19, 2012, the Defendant, at around 10:30 on February 19, 2012, suffered from the victim’s house, by her hand, shaking the victim’s head debt by cutting off the victim’s head, and caused the victim’s injury, such as approximately four weeks of the cage cage, credit plesy, etc. in need of the victim’s treatment.

Summary of Evidence

"2016 Gohap 56"

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. One digital tape recorder, one CD "2016 Gohap 89;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 16 (1) 1 and 3 (the recording of conversations between others and the concurrent imposition of imprisonment and suspension of qualifications) of the Protection of Communications Secrets Act, and Article 257 (1) of the Criminal Act (the points of injury and the choice of imprisonment);

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes by imprisonment with prison labor prescribed for a violation of the Protection of Communications Secrets, heavier than the punishment);

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the circumstances favorable to the reasons for sentencing as set forth below)

1. A violation of the Act on the Protection of Communications Secrecy (the part concerning "2016 Gohap 56);

A. The summary of the assertion ① installed a tape recorder for recording conversations between the Defendant and the Victim E, and is “other persons.”