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(영문) 광주지방법원 순천지원 2015.02.10 2014고합263
통신비밀보호법위반
Text

A defendant shall be punished by imprisonment for six months and suspension of qualifications for one year.

However, the above imprisonment for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant served at the net D Elementary School from July 1, 2012 to June 30, 2014 as the head of the administrative office.

No person shall record a conversation between others that is not open to the public without going through the Protection of Communications Secrets Act, the Criminal Procedure Act or the Military Court Act.

On June 5, 2014, at around 08:10, the Defendant installed digital tape recorderss in the office of net D elementary school administration, and recorded conversations between E, F, G, and H, working in the above office by December 25 of the same day.

Summary of Evidence

Defendant’s legal statement

Article 16(1)1, Article 3(1)3, Article 55(1)3, and Article 55(1)5 of the Protection of Communications Secrets Act for the criminal facts applicable to police investigation report (to listen to the contents of CD recorded) on the police records of protocol of statement of statement of statement of the E, F, and G, and Article 48(1)1 of the Criminal Act for the reason of sentencing under Article 62(1)1 of the Act on the Suspension of Execution (to take into account the favorable circumstances among the reasons for sentencing below) of the Criminal Act for the crime under Article 62(1)3, Article 55(1)3, and 55(1), of the Criminal Act for the reason of sentencing under Article 62(1)1 of the Criminal Act for the crime of this case, which is

The above act of hearing is subject to serious restrictions on privacy and freedom, and thus requires strict measures, and even if the defendant installed a tape recorder on a blacks with a height of no contact with employees, it does not seem to have a genuine attitude of reflection, such as recording the conversation between himself/herself and others, and explaining that the conversation between himself/herself and others was recorded without intention, and if the defendant tried to record the conversation between himself/herself and others, he/she could sufficiently achieve its purpose by carrying the tape recorder's body or making it up on his/her book.

Among the dialogue parties, E calls for the strict punishment of the defendant.

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