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(영문) 대전지방법원 천안지원 2018.01.11 2017고단2411

협박등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one 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.

1. On October 2015, the Defendant: (a) attached a location tracking device (title: 4GUDR S, model name: mA-T100 W: G-T100W; G) in the vicinity of the air exhaust box of the victim E (the victim 58 years old) who was parked on the side of the “D Business Office” building located in Asan City at Asan-si in Asan-si; and (b) collected the location information of the victim without the victim’s consent until the victim discovered it and removed the location tracking device.

2. On April 20, 2016, around 20:00, the Defendant collected the location information of the victim without the consent of the victim until he/she removed the tracking device from the victim on his/her own on September 28, 2016, by attaching a new location tracking device (title: 4GUADR S, Model Name: mA-T100W, Equipment No. : H) at the bottom of the head line of the victim’s vehicle that was parked in an apartment complex of 9 Bong-dong, Seo-gu, Bongdong-dong, Seo-gu, Bongdong-dong, 2016.

3. On October 1, 2016, around 20:0, the Defendant renewed the location tracking devices specified in paragraph (2) on the said victim’s vehicle parked in the apartment parking lot located in Seo-dong 9, Chungcheongnam-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, and collected the victim’s location information without obtaining the consent of the victim until the victim removed the said location tracking devices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint, location trackinger, and photograph of the petitioner;

1. Application of Acts and subordinate statutes to records of seizure, lists of seizure and photographs of seized articles;

1. Article 40 of the relevant Act on the Protection, Use, etc. of Location Information regarding criminal facts and Article 40 subparagraph 4 and Article 15 (1) of the Act on the Protection, Use, etc. of Alternative Location Information, and Selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Confiscation Article 48(1)1 of the Criminal Act No. 1.