beta
(영문) 청주지방법원 2014.05.29 2014고단327

통신비밀보호법위반

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is a corporation affiliated with D and who is in charge of accounting affairs at the F Apartment Management Office in substantial Gu E in Cheongju-si.

Around 10:00 on June 7, 2013, the Defendant posted the Defendant’s cell phone device on the Defendant’s book, and recorded the conversations between G, an advisory worker of D, and H, the vice president of D, the managing director of the said apartment, by using the recording function of the cell phone, and recorded the conversations between D’s sexual harassment case, the vice president of D, the managing director of the said apartment, and H, which are the vice president of D, the managing director of the said apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes governing recording records;

1. Articles 16(1)1 and 3(1) of the former Protection of Communications Secrets Act (Amended by Act No. 1229, Jan. 14, 2014) concerning criminal facts

1. Six months of imprisonment to be suspended and six months of suspension of qualifications;

1. Article 59(1) of the Criminal Act of the suspended sentence (i.e., taking into account the following circumstances: (i) there is a concern that H, who complained of sexual harassment as the Defendant, might be pressured during a conversation within a close distance; (ii) a number of workplace commercial and club members, including H, who are one party to the conversation, want the wife of the Defendant; (iii) there are no history of criminal punishment as the ordinary workplace and family members);