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(영문) 전주지방법원 2013.03.07 2013고단217

위치정보의보호및이용등에관한법률위반등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Act on the Protection and Use of Location Information shall collect, use, or provide location information of an individual or mobile object without the consent of the individual or the owner of the mobile object;

A. On July 2012, the Defendant: (a) took the attitude of avoiding the Defendant, such as not having contact with the victim C (V, age 25); and (b) attached a location tracking device (GPS) on the lower part of the E- B-T-T-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P/

B. The Defendant is the victim.

On October 2012, after discovering and removing the location tracking device of the port, the victim's location tracking device (GPS) was attached to the lower part of the above apartment parking lot on the operation of the victim without obtaining the consent of the victim in the above apartment parking lot and then collected the victim's location information from January 7, 2013.

2. On January 7, 2013, the Defendant violates the Punishment of Violences, etc. Act (Intimidation with collective weapons, deadly weapons, etc.) and Article 1(b) by driving a yellow vehicle around 01:00;

While following the vehicle of the victim with the location tracking device attached in the port, the victim temporarily stopped in front of the building in front of the efficial efficial Automatic Dog-gu, Jeonju City, with the view of the camping net, which is a dangerous object in front of the building, and after getting off the vehicle from the vehicle, the victim's vehicle from the camping network will be cut off, and the victim's body or property will be broken off without leaving the vehicle, and the victim's attitude was threatened.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of seizure records and list statutes;

1. Article 40 of the Act on the Protection, Use, etc. of Location Information regarding facts constituting an offense and Article 40 subparagraph 4 of the same Act;