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(영문) 대구지방법원 2020.09.04 2020고합263
통신비밀보호법위반
Text

A defendant shall be punished by imprisonment for not less than eight months and suspension of qualifications for one year.

The number of seized Samsung Smartphones (galphalphalopa) is increased.

Reasons

Punishment of the crime

The defendant is an employee of the Dolbuk-gun Burl, Gurlbuk-gun.

No person shall censorship any mail, wiretapping any telecommunications, provide communication confirmation data, record or listen to any conversations between others that are not open to the public without recourse to the Protection of Communications Secrets Act, the Criminal Procedure Act or the Military Court Act.

Nevertheless, at around 12:14, May 19, 2020, the Defendant recorded a conversation between others, which is not disclosed over 12 times in total, as described in the attached list of crimes, in a way described above, in order to record the sound recording of “Tho SM-G850S” smartphone, which is owned by the Defendant, for the purpose of recording the sound recording of the sexual relations, voice and conversation among customers. In addition, the Defendant recorded a conversation between others, which is not disclosed over 12 times in total, as described in the attached list of crimes, by means of the aforementioned method.

Summary of Evidence

1. The scene of the defendant's legal statement D, his/her photographic instrument, and voice file storage CDs;

1. With respect to attachment of voice files stored in a cellphone, the application of laws and regulations to each investigation report (in relation to attachment of voice files stored in a cellphone, with respect to the voice file name stored in a suspect's cell phone);

1. Article 16 (1) 1 of the Protection of Communications Secrets Act and the main sentence of Article 3 (1) of the same Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (where concurrent crimes are committed, the number of concurrent crimes prescribed by the Protection of Communications Secrets Act No. 12, No. 12, the number of concurrent crimes, the largest number of crimes);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment for six months to seven years, and suspension of qualifications for one year to three months;

2. Scope of recommended sentences according to the sentencing criteria: The same shall not apply to cases where the sentencing criteria are set.

3. Determination of sentence: Imprisonment with prison labor for not less than eight months and suspension of qualifications for one year;

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