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(영문) 서울중앙지방법원 2013.04.04 2013고단819
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

1. No person shall record another person’s conversation without the law;

Nevertheless, the Defendant, around November 27, 201, set up a MP3 tape recorder in the office located inside the office of Dongjak-gu Seoul Metropolitan Government D in order to find out the female relationship of C with internal relations, and recorded the contents of C and E conversation.

2. On February 2, 2012, the Defendant, within the Defendant’s house, divulged the content of conversation by sending a recording file (a about two-hour amount) recording the conversations acquired by using a computer in H and I’s e-mail, in a manner that: (a) the recording file (a) recorded by using the computer was sent to H and I’s e-mail.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes on sound recording CDs

1. Articles 16(1)1 and 16(1)2 and 3(1) of the Protection of Communications Secrets Act concerning criminal facts;

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

1. It is so decided as per Disposition by the assent of all participating Justices on the following grounds: (a) there are some circumstances to consider the reason for sentencing under Article 62(1) of the Criminal Act; and (b) there are no criminal records.

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