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(영문) 수원지방법원 평택지원 2015.11.26 2015고단1245

통신비밀보호법위반

Text

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

However, the above imprisonment for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall record or listen to conversations between others that is not open to the public.

Nevertheless, on November 2013, the Defendant, at the Defendant’s house located in Ansan-si, was equipped with three small tape recording devices on D’s hand, balkine, and vehicles, recorded the conversations between D, E, D, and F, and listened to the conversations between others that are not open to the public, in order to verify the outward facts of D’s spouse at the Defendant’s house located in Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Photographs of recording equipment;

1. Application of Acts and subordinate statutes on recording;

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

1. Determination on the application of sentencing guidelines for sentencing under Article 62 (1) of the Criminal Act: To take into account all circumstances, such as the recording, etc. in order to identify the wife's unknown identity before the divorce of an unqualified O;