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(영문) 울산지방법원 2019.06.21 2019고합74

통신비밀보호법위반등

Text

Of the facts charged in the instant case, punishment is imposed on the violation of each of the Protection of Communications Secrets Act and intimidation on July 20, 2015.

Reasons

Punishment of the crime

[criminal power] The Defendant, who was married on December 17, 2009 and was sentenced to the judgment of the first instance court on July 25, 2017, stated in the indictment that “the person who was divorced on July 25, 2017,” but whose record is unclear.

In accordance with the statement of the evidence list No. 10, even if the above correction is made, it would not cause a substantial disadvantage to the defendant's exercise of his right to defense, and thus, it will be corrected ex officio.

From October 2014 to March 1, 2015, a tape recorder was installed in the apartment living room where the defendant and the victim lived together with the victim, and recorded conversations with other persons. As a result, the Seoul Western District Court sentenced on September 13, 2017 the Defendant’s imprisonment with prison labor for one year of suspension of execution and one year of suspension of qualification for the violation of the Protection of Communications Secrets Act, and the said judgment became final and conclusive on September 21, 2017.

【Criminal Facts】

1. Violation of the Protection of Communications Secrets Act;

A. A. Around June 16, 2015, the Defendant submitted a record of recording (i.e., (ii) the mother and C’s dialogue on December 30, 2014, ② C’s dialogue on January 1, 2015, ③ C’s dialogue on January 6, 2015, ④ the dialogue between C and C’s mother and C’s dialogue on January 22, 2015, ④ the dialogue between C and C’s mother and C’s dialogue on January 22, 2015, ④ the dialogue between C and C’s mother and C’s dialogue on January 22, 2015.

Accordingly, the defendant revealed the contents of conversation between others that are not open to the public.

B. On November 24, 2016, the Defendant committed the crime of November 24, 2016, at the Seoul Family Court of Seocho-gu, Seoul, as of November 24, 2016, 193, as evidence of the case, such as the Seoul Family Court, 2015dan30698, and the designation of a custodian, etc., Part IV of the record on which the content of conversation between others, as mentioned above, is recorded, ① the record on which the content of conversation between D and B is recorded, ② the record on which the content of conversation between D and B is recorded, ③ the record on which the content of conversation between D and B is recorded, and ③ from October 26, 2014 to October 26, 2015.