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(영문) 대구지방법원 상주지원 2017.08.08 2017고단246

통신비밀보호법위반등

Text

A defendant shall be punished by imprisonment with prison labor for not more than six months and by a fine not exceeding five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Any person who intends to manufacture, import, sell, distribute, possess, use, or advertise wiretapping equipment shall obtain approval from the chief of the future creative science department, and any person who intends to establish a radio station shall obtain permission from the chief of the future creative science department, as prescribed by Presidential Decree.

Nevertheless, from June 2016 to April 20, 2017, the Defendant had and used wiretapping equipment without obtaining authorization from the director of the future creative science department, and opened amateurless machines without obtaining permission from the director of the future creative science department.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect prepared by a special judicial police officer against the defendant;

1. Written statements in C and D;

1. Report on the criminal place;

1. Application of Acts and subordinate statutes to detection of illegal wiretapping equipment;

1. Article 17 (1) 4 of the relevant Act on criminal facts and Article 17 (1) 4 of the Protection of Communications Secrets for the Selection of Punishment, and Article 10 (1) of the same Act (the possession and use of unauthorized wiretapping equipment, selection of punishment by imprisonment), Article 87 subparagraph 1 of the Radio Waves Act and Article 19 (1) of the same Act (the establishment of unauthorized radio station);

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) was not only possessed by the Defendant, but also by the Defendant’s wiretapping of the monetary content of the State agency.

It is inevitable to punish the defendant with severe punishment for such acts.

However, the fact that the defendant acknowledges and reflects the crime, the fact that there is no previous conviction in the same kind, etc. shall be considered as favorable circumstances, and the sentencing conditions in the arguments and records of this case shall be determined as ordered by considering the whole.