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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to the Defendant’s ground of appeal
A. As to the grounds of appeal on admissibility of e-mail, etc., Article 3(1) main text of the Protection of Communications Secrets Act provides that “any person shall not censorship electronic telecommunications, wiretapping data, record or listen to conversations between others that are not open to the public, without going through this Act, the Criminal Procedure Act or the Military Court Act.” Article 4 provides that “the mail or its contents obtained through illegal censorship in violation of Article 3 and the contents of telecommunications known or recorded through illegal wiretapping shall not be admitted as evidence in a trial or disciplinary procedure.” Here, the term “te-mail” refers to the transmission or reception of all kinds of sounds, words, symbols or images by wire, wireless or other electronic method such as telephone, e-mail, and facsimile (Article 2 subparag. 3 of the same Act), and “wire wiretapping” refers to the case where a person listens to or interferes with the reception of e-mail by listening to or communal reading of e-mails from telecommunications without consent of the party concerned, and thus, it refers to the case where it is not deemed to include the contents of 20.