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(영문) 수원지방법원 2019.01.18 2018고합567
통신비밀보호법위반등
Text

The sentence of sentence against the defendant shall be suspended.

AT200) 1 (No. 2) of seized Boscois (AT200) shall be confiscated.

Reasons

Punishment of the crime

1. Anyone who violates the Protection of Communications Secrets Act shall be prohibited from censorship of mail, wiretapping telecommunications, provision of communication confirmation data, or recording or listening to conversations between others which 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, around June 27, 2018, the Defendant set up two tape recorderss on the DNA-learning car driven by C in order to doubt that the Defendant's wife in the Seosung-si Underground Parking Lot will cross-concept with the male in his name and to secure evidence, and recorded the conversation between C and male in his name in order to secure evidence.

2. No person who violates the Act on the Protection and Use of Location Information shall collect, use, or provide location information of an individual or mobile object without the consent of the individual or the owner of the mobile object;

On July 3, 2018, the Defendant collected C’s location information by attaching a location tracking device (GPEN) purchased at the Internet “E” site to the Dlearning car driven by the said C, which was parked in the B apartment underground parking lot, around 3, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Each seizure record and list, and cellular phone or tape recorder’s photograph;

1. Mobile phones restoration file CDs of cell phones and tape recorderss;

1. A report on the analysis of digital evidence;

1. A letter posted by suspect in a camera;

1. Application of voluntarily produced sporafe-cape Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 16(1)1 and 3(1) main sentence of Article 3(1) of the Protection of Communications Secrets Act (the point of recording another’s conversation), and Articles 40 subparag. 4 and 15(1) of the former Act on the Protection, Use, etc. of Location Information (Amended by Act No. 15608, Apr. 17, 2018) (the point of collecting location information and the choice of imprisonment);

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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