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Defendant shall be punished by a fine of 2.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is between victim B (n, 46 years of age) and 3 years and 8 months of age.
No one shall collect, use, or provide location information on an individual or mobile object without the consent of the individual or the owner of the mobile object.
Nevertheless, on June 18, 2017, the Defendant sealed the cell phones installed with location tracking apps and auxiliary stacks in the south-gu C parking lot in the Nam-gu, Nam-gu, Chungcheongnam-gu, Nam-gu, Seocheon-gu, Seoul, in a vinyl, and then collected the location of the victim by not later than June 19, 2017, by attaching it to the lower end of the back of the D vehicle operated by the injured person.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of statutes on site photographs;
1. Article 40 of the relevant Act on the Protection, Use, etc. of Location Information regarding criminal facts and Article 40 subparagraph 4 and Article 15 (1) of the Act on the Protection, Use, etc. of Alternative Location Information, and Selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the instant case is as follows: (a) collecting another person’s location information without permission as to the reason for sentencing of Article 334(1) of the Criminal Procedure Act infringes on the victim’s secrecy and freedom of privacy (Article 17 of the Constitution of the Republic of Korea), which is a fundamental right under the Constitution; (b) although there was a little difference between the
Even if such an act is not justified, it cannot be said that it is justified.
There is no circumstance to make efforts to reach an agreement with the victim.
However, the defendant recognizes his wrongness.
There is no penalty for the same crime.
In addition to this, all the circumstances revealed in the trial process, such as the defendant's age, sex, environment, background of the crime, and circumstances after the crime, the punishment as ordered shall be determined.