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(영문) 부산지방법원 2017.05.12 2016고합959
통신비밀보호법위반
Text

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

However, the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as an employee of the Song-gu Co., Ltd., a person in charge of litigation, and F, on September 7, 2013, was hospitalized at H hospital located in Busan-gu G due to a traffic accident, resulting in injury, such as external cerebrovascular, and filed a claim for damages against E Co., Ltd. on or around March 26, 2014.

1. On April 3, 2015, from around 10:20 to 11:22, the Defendant, in violation of the Act on the Protection of Communications Secrets, recorded a conversation between the Defendant and others not disclosed by recording (hereinafter “the instant conversation”) the conversations between the Defendant and the Defendant in a physical treatment room in the instant H hospital using a video camera (hereinafter “the instant conversation”).

2. Violation of the Protection of Communications Secrecy by divulgence; and

A. On April 24, 2015, the Defendant, at the Busan District Court located in Busan District Court as the Busan District Court, on April 24, 2015, submitted a written application for physical appraisal of the case (i) No. 22464 (i) related to the damages (hereinafter referred to as “civil case”) filed by F against E Co., Ltd. (hereinafter referred to as “related case”), and divulged the contents of the conversation known to him as described in paragraph (1).

B. On December 3, 2015, the Defendant, at the Busan District Court around December 3, 2015, submitted a written application for physical appraisal of the case (i) No. 2015Na 48204 (i) (hereinafter “related civil case of the second instance court”) that was filed by F against E Co., Ltd., and divulged the content of the conversation known to him as described in paragraph (1).

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police to J;

1. A complaint, each written application for physical appraisal, each investigation report, each photographic (9) of the video-recordings (12 times a year), a video CD (12 times a year), a complaint, a written decision on recommending reconciliation, each written decision, reference materials (27 times a year).

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