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(영문) 서울중앙지방법원 2018.05.10 2018고합178
통신비밀보호법위반
Text

A defendant shall be punished by imprisonment for not more than ten months and suspension of qualifications for one year.

However, the above imprisonment for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From December 2, 2014 to April 2016, the Defendant served as the representative of F’s external cooperation, which is the marketing company of the hospital located in the fourth floor of Gangnam-gu Seoul building E, and the Defendant’s wife G served as the head of the administrative office of “H sexual off division” located in the first floor to the third floor above the above building.

G The head of G and the head of the above hospital J operated the above hospital as a Dong business. On January 201, 2016, when I was detained by a separate fraud, the dispute over the management rights of the above hospital arises between the Defendant, G and the victim, and the Defendant was willing to keep the content of the victim’s Kakao Stockholm conversation by installing a distribution device on the victim’s computer monitors to cope with the victim.

Anyone shall be prohibited from censorship of mail, wiretapping telecommunications or recording or listening to conversations between others that are not open to the public, except pursuant to the provisions of Acts and subordinate statutes.

Nevertheless, on January 2016, the Defendant installed a distribution device to a computer monitor used by the victim in the lower court’s room located on the second floor of the above building. On January 26, 2016, the Defendant came to know of the victim’s computer monitors through the aforementioned distribution device from the Defendant’s office located on the fourth floor of the above building through the Defendant’s computer monitor.

Accordingly, the defendant wiretappingd telecommunications instead of the provisions of the law.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the prosecutor by the J;

1. Fact-finding certificates and recording of telephone conversations, and files and Kakaoo Stockholm conversations to capture the contents of the Kakao Stockholm conversations;

1. Application of CD-1 statute

1. Article 16(1)1 and the main sentence of Article 3(1)1 of the former Act on the Protection of Communications Secrecy (amended by Act No. 15493, Mar. 20, 2018; hereinafter the same shall apply) concerning criminal facts

1. Article 53, Article 55 (1) 3, and Article 55 (1) 5 of the Criminal Act (The following favorable circumstances among the reasons for sentencing)

1.Article 62(1) of the Criminal Act of the suspended execution.

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