A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Punishment of the crime

1. On November 28, 2018, the Defendant, who did not comply with a protective disposition, was subject to the Daejeon Family Court’s decision on a protective disposition that prohibits access within 100 meters from the residence and workplace of B from May 27, 2019. The above protective disposition decision was finalized on January 2, 2019.

Nevertheless, at around 21:50 on January 31, 2019, the Defendant found the parking lot of Daejeon-gu building C, which is a residence of B, and did not implement a protective disposition issued by the Defendant.

2. No person who collects location information shall collect, use, or provide the relevant personal location information without obtaining consent from the subjects of personal location information;

Nevertheless, on January 31, 2019, the Defendant entered a D SP vehicle parked in the residence of the above B, a police officer, and collected the location information of the victim vehicle from January 31, 2019 after installing a location tracking device under the driver’s seat inside the vehicle without the victim’s consent.

Accordingly, the defendant collected personal location information without the consent of the subject of personal location information.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Police seizure records;

1. Receiving a written appeal, and reporting of investigation (decision of protective disposition);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence and Articles 63 (1) 1 and 40 (1) 1 of the Act on Special Cases Concerning the Protection, Use, etc. of Location Information, Articles 40 subparagraph 4 and 15 (1) of the Act on the Protection, etc. of Location Information, and the Selection of Imprisonment with labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 48(1)1 of the Confiscation Criminal Act, and Article 48(1)1 of the Sentencing prior to sentencing, the Defendant was subject to three family protective dispositions and one-time suspension of indictment on domestic violence, and the Defendant did not have been aware of the record of being placed prior to the one-time disposition of child protective cases due to child abuse.