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(영문) 부산지방법원 2013.07.25 2013노1310

위치정보의보호및이용등에관한법률위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

The number of articles 1, 2, 5, 9, 11, 12, and 13, respectively, of seized evidence.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and of confiscation) is too unreasonable; and

2. The judgment of the defendant committed the crime of this case, without being aware of the criminal punishment imposed three times on September 8, 201 due to the violation of the Protection of Communications Act, such as wiretapping of telecommunications by the 119 fire headquarters to take charge of emergency and patient transport services, and wiretapping of telecommunications from the 119 fire headquarters branch branch of the Busan District Court on September 8, 201. The defendant committed the crime of this case during the repeated crime without being aware of the criminal punishment for the violation of the Protection of Communications Act, such as violation of the Protection of Communications Act, the Act on the Protection and Use of Personal Information, and the Suspension of Qualifications for the crime of this case. In particular, the defendant, who was the head of the wiretapping of telecommunications by the 119 fire headquarters, was sentenced to imprisonment with prison labor for the violation of the Protection of Communications Secrets Act, Y, M and I location information from the Busan District Court on May 30, 2013.

In addition to the case, the nature of the crime is not weak, in full view of the fact that the body arrives at the change site in a planned and systematic manner rather than the competitor and moves the body to the hospital, and leads the funeral in the E Hospital funeral hall operated by the person himself/herself to take care of the funeral, etc., the punishment cannot be exempted.

However, the defendant shows his attitude to recognize and reflect all of the crimes of this case, and support old-parents, her wife, and her two children who are not healthy due to Gap's and hearing disorder, and in the future, it seems that the risk of re-offending is eliminated to some extent, as the defendant has retired from work related to the funeral hall and operated the restaurant in good faith. The victim of the crime of this case, J, M, and I are against the defendant.