beta
(영문) 서울중앙지방법원 2014.02.07 2013고단5610

통신비밀보호법위반

Text

A defendant shall be punished by imprisonment for three months and suspension of qualifications for a year.

Reasons

Punishment of the crime

[criminal power] On January 17, 2008, the Defendant was sentenced to imprisonment of one year and six months and fine of ten million won with labor for violating the Customs Act at the Incheon District Court, and was released on May 29, 2009 and the parole period passed on June 18, 2009 during the execution of the sentence at the Incheon Detention House. On May 8, 2013, the Defendant was sentenced to imprisonment of eight months and two years of suspension of execution with labor for interference with business from the Incheon District Court’s Vice Branch Branch, which became final and conclusive on May 16, 2013, and is currently under suspension of execution.

【Criminal Facts】

No person shall censorship any mail, wiretapping any telecommunications, request for the provision of communication confirmation data, etc. or record or listen to any conversations between others that are not open to the public without recourse to the Protection of Communications Secrets Act, the Criminal Procedure Act or the Military Court Act.

Nevertheless, around August 2010, the Defendant installed a black box on the bottom of the driver's seat of G New Town XG car owned by the Defendant through a black box installer in the vicinity of the network station located in Mapo-gu Seoul Mapo-gu Seoul, and recorded a conversation between H and I not disclosed within the said car on October 21, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A report on investigation;

1. Copy of a record;

1. Previous records: Criminal records, investigation reports (prior records and confirmation of repeated crimes by the accused), personal identification and confinement status, investigation reports (prior records of concurrent crimes by the accused under the latter part of Article 37 of the Criminal Act), summary agreement meetings, and copies of written judgments, and the application of statutes;

1. Articles 16(1)1 and 3(1) of the Protection of Communications Secrets Act concerning criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Code that the defendant committed the crime of this case during the period of repeated crime is inevitable to be sentenced. However, the background of the case is that the defendant was brought to a divorce lawsuit from I as he/she was undergoes the spouse I and his/her family ties.