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(영문) 광주지방법원 2015.09.22 2015고단2038

통신비밀보호법위반등

Text

A defendant shall be punished by imprisonment for six months and suspension of qualifications for one year.

However, the above imprisonment for a period of one year from the date this judgment becomes final.

Reasons

Punishment of the crime

The defendant has been married around March 25, 2005 to the victim C (nive, 35 years of age) and March 25, 2005, but around January 5, 2015, the defendant filed a divorce lawsuit against the victim with the Gwangju Family Court and is currently pending in the lawsuit.

1. Anyone who violates the Protection of Communications Secrets Act shall be prohibited from censorship of mail, wiretapping of telecommunications, provision of communication confirmation data, or recording or listening to conversations between others that are not open to the public, without recourse to the relevant Acts and subordinate statutes;

Nevertheless, on November 201, 2014, at the defendant's house located in 107 dong 1803, Gwangju Mine-gu, Gwangju, the defendant set up a app Kameras, which is a part of the victim's Handphone, to suspect that the victim had the workplace and wind, and to find evidential materials to find out the fact that the victim had the workplace and wind.

In addition, the Defendant installed the same app with his handphones, and followed the conversations between the victim and female employees around December 12, 2014, around the 13th day of the same month, and around the 15th day of the same month.

2. Around 22:00 on November 21, 2014, the Defendant: (a) expressed suspicion that the victim had a wind with the workplace rent and the wind at the place stipulated in Paragraph (1) of this Article; and (b) expressed the victim’s desire to “the victim, when making a phone call, she talked with the victim whether the victim was son, and the voice was son, and did not son, she did so; (c) he saw the victim’s chest, she was flicked by his hand; and (d) she flicked the victim’s shoulder with the driver’s hand, and assaulted the victim by taking the victim’s shoulder on one occasion.

3. 재물손괴 피고인은 2014. 11. 22. 09:00경 제1항의 장소에서 피해자가 아이들을 챙기지 않고 청소도 하지 않은 채 침대에 누워있다는 이유로, 피해자에게 “뭘 잘했다고 누워있냐”라고 말하면서 양손으로 피해자의 상의 옷을 잡고 흔들어 찢어 손괴하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor of the defendant;