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(영문) 수원지방법원 2018.05.31 2018고정467

위치정보의보호및이용등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall collect, use, or provide location information on an individual or mobile object without the consent of the individual or the owner of the mobile object.

Nevertheless, without the consent of the defendant's wife B, the defendant was parked in the front of the Heung-gu, Seocho-gu, Seocho-gu, Sinkman on May 2017.

B collected location information of the car by attaching a location tracking device on the back metal board of the DM car operated by B.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police;

1. Complaint;

1. Application of location tracking devices and CCTV photographs-related Acts and subordinate statutes;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides for the punishment as ordered in consideration of the fact that the accused recognizes the crime, the fact that there is no record of criminal punishment, and the motive and circumstances leading to the crime.