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(영문) 수원지방법원 안산지원 2020.06.05 2020고합56

통신비밀보호법위반

Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is the head of the management office of the "C" management office located in Ansan-si, and the co-defendant prior to D is the head of the war team and the employee of the management office in charge of the machinery, equipment, electricity, etc. of the above building.

No person shall record or listen to a conversation between others that is not open to the public.

Nevertheless, around April 2019, the Defendant: (a) installed a tape recorder in the conference room of the above building E-head of the building; (b) opened a tape recorder in the conference room of the above building E-head of the building; (c) opened a meeting of emergency countermeasures committee members, such as F, etc., the occupants of the building; and (d) recruited the Defendant in order to install a tape recorder to D through the team G as the electric team cause G.

On April 2, 2019, the Defendant purchased 'CCTV’s audio microphones, and D dried it, and D around April 24, 2019, intended to record or listen to the contents of the meeting by installing one of the above tape recorders dried from the Defendant in E heading room, but failed to function properly.

Accordingly, the defendant and D conspired to record and attempted to record conversations between others not open to the public.

Summary of Evidence

1. Defendant's legal statement D's legal statement;

1. The police statement concerning F;

1. A statement of F and H;

1. A certificate of G and I;

1. Records of seizure and the list of seizure;

1. Report on the occurrence of a structure, on-site photographs, report on inspection results of illegal wiretapping equipment, photographs, C management office maps, and work logs at the time of discovery of recording equipment;

1. Application of the Act and subordinate statutes to investigation reports (K’J’s statement) and investigation reports (verification of the course of purchase of seized articles)

1. Relevant Article 18 of the Act on the Protection of Communications Secrets and Articles 16 (1) 1, the main sentence of Article 3 (1), Article 30 of the Criminal Act and Article 25 (2), Article 55 (1) 3 and 5 of the Criminal Act to legally mitigated punishment for a crime;

1. One year of suspension of qualifications to be suspended;