위치정보의보호및이용등에관한법률위반
Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is the wife of the victim B, who is in the process of divorce.
No one shall collect, use, or provide the relevant personal location information without consent from the subjects of personal location information.
Nevertheless, on September 2016, the Defendant: (a) installed a location tracking device leased through the Internet in the contact with the victim, without the victim’s consent, at the residence located in Daegu-gu, Seo-gu, Daegu-si; and (b) collected the victim’s personal location information through a smartphone display case connected to the said location tracking device until September 21, 2016, where the victim discovered the location tracking device.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. A complaint;
1. Application of Acts and subordinate statutes to investigation reports (as to attachment of location tracking devices photographs), investigation reports (as to the time of attachment of location tracking devices);
1. Relevant Article 40 of the Act on the Protection, Use, etc. of Location Information regarding facts constituting an offense, and Articles 40 subparagraph 4 and 15 (1) of the Act on the Protection, etc. of Location Information
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant did not agree with the victim is disadvantageous to the defendant.
On the other hand, the fact that the defendant is against the defendant, and that it seems that there is no possibility for the victim to commit a second offense by divorce with the victim, that there is no record of punishment or a fine heavier than that of the same crime, and that the victim filed a complaint of this case that occurred before about 2 years and 6 months from the defendant while the divorce lawsuit is pending with the defendant, which is favorable to the defendant.
In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime of this case, and all the conditions of sentencing that are shown in the arguments and records of this case, such as the circumstances after the crime.