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(영문) 수원지방법원 안산지원 2013.11.13 2013고단1613

통신비밀보호법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a member of the Diplomatic Association, which is located in C when light is light.

No person shall record a conversation between others that is not open to the public, except as prescribed by the provisions of the Act.

Nevertheless, the Defendant continued to dispute with the Emergency Countermeasure Committee for the Normalization of Diplomatics (hereinafter referred to as the “Emergency Countermeasure Committee”), which raises the issue of the process of appointing the above Emergency Countermeasure Committee, installed the second floor of the above church at around October 15, 2012, the stairs between the first floor and the second floor of this church, and the first floor above the above church, around November 24, 2012, with an installation of an additional device for the sound recording on the first floor and the second floor above the above church at around December 1, 2012, such as an installation of a 3th floor towing room of the above church education center, a place where the members of the Emergency Countermeasure Committee gather and work together, which is a place where the members of the above Emergency Countermeasure Committee gather separately, in order to prepare for the future dispute. On December 1, 2012, the Defendant installed a 10th floor of the above church, such as a 2nd floor reading room, a 2nd floor of the students’ dialogue and the second floor of the 2nd floor of the conversation.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement to I;

1. A written statement of I;

1. Complaint;

1. Application of Acts and subordinate statutes to a criminal investigation report (the telephone conversations of the installer), investigation report (the telephone conversations with the authorized persons concerned), investigation report (Attachment to theCCTV caps) and investigation report (the confirmation of the place of audio recording devices installed);

1. Article 16(1)1 of the Protection of Communications Secrets Act and Articles 16(1)1 and 3 of the same Act concerning the relevant criminal facts and the selection of punishment;

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

1. Six months of imprisonment to be suspended and one year of suspension of qualifications;

1. The fact that the error of Article 59(1) of the Criminal Code is divided, that is the primary offender, and whether the political party installs a recording device.