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(영문) 부산지방법원 2013.05.15 2012고단9904

통신비밀보호법위반등

Text

A defendant shall be punished by imprisonment for six months and suspension of qualifications for one year.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Automobile Management Act is the actual owner and the driver of the BPS vehicle.

The owner of a motor vehicle shall obtain approval from the head of a Si/Gun/Gu when he/she intends to change the structure and devices of the motor vehicle.

Nevertheless, on August 201, the Defendant, without obtaining approval from the head of Si/Gun/Gu, changed the device of the vehicle by installing green light light light, etc. in the outer tent of the above vehicle at a seller of light light, etc. in the rear Part of Busan Busan Metropolitan City, Busan Metropolitan City.

2. Anyone who violates the Protection of Communications Secrets Act shall be prohibited from censorship of mail, wiretapping of telecommunications or recording or listening to conversations between others that are not open to the public, without going through the provisions of Acts such as the Protection of Communications Secrets Act; and

Nevertheless, on July 201, the Defendant, while running the business of mutual funeraling “D” in Busan Northern District, listened to the emergency and rescue order of a total amount of eight times from that time to December 201, 201, the Defendant listened to the emergency and rescue order of eight times in total, as shown in the attached list of crimes, by using a small portable electric MARUHHMART 540S (daily number: 36477) in a small-sized hard-type portable portable electric MART 540S (daily number: 36477) that is sent by the fire headquarters of 119.

Accordingly, the defendant wiretappingd telecommunications instead of the provisions of the law.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Vehicles and nonelectric photographs;

1. Statement of police seizure;

1. Application of Acts and subordinate statutes to investigative reports (Attachment of vehicles, such as light lamps, etc.);

1. Article 81 of the Automobile Management Act applicable to facts constituting an offense and Article 81 subparagraph 19 of the select of punishment;