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(영문) 인천지방법원 2021.01.14 2020고합635
통신비밀보호법위반등
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

The Defendant has been doubtful of the victim’s external appearance on October 17, 2019 between the victim B (the victim, 58 years old, hereinafter referred to as “victim”) and the divorced on October 17, 2019.

1. No person who violates the Protection of Communications Secrets shall record or listen to conversations between others that are not open to the public;

Nevertheless, at around 02:01 on September 10, 201, the Defendant tried to install a portable tape under the supervision of a house located in the jurisdiction of Yeonsu-gu Incheon Metropolitan City apartment complex C, Yeonsu-gu, Incheon, to record the contents of telephone calls between the said victim and a third party, but failed to record the conversations between the victim and the third party.

Accordingly, the Defendant attempted to record a conversation between others that is not open to the public.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. On November 22, 2019, around 23:20, the Defendant partially revised the charges to the extent that the Defendant’s right of defense is not infringed on on the basis of facts acknowledged by the pleadings and evidence of this case, under Chapter 2 of the photograph taken by the victim’s nudic photo and a total of 21 photographs taken by the victim to Kakakao Kakao Kakao 21, within the E upper atmosphere freight trucking from Cheongdong-gu Etha-gu, Cheongdong-gu.

C. The transmission was made.

Accordingly, the defendant provided the victim's body photographs which could cause sexual humiliation or shame against the victim's will.

B. On December 2, 2019, around 12:59, at the same place as the above paragraph (a), the Defendant partially revised the charges to the extent that the Defendant’s defense right is not infringed on based on the facts acknowledged based on the victim’s nudrid photo and a photograph of 21 chip photo taken by the victim’s dead village G in the same manner as above, and on the facts admitted by the instant pleadings and evidence.

C. The transmission was made.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame.

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