A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No one shall collect, use, or provide the relevant personal location information without consent from the subjects of personal location information.

On March 28, 2020, the Defendant received a separate notice from the victim B, who was a chain relationship, and thereafter sent text messages that cause anxietys to the victim several times on October 15, 2020, and received a summary order of KRW 3 million as a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, etc.

On September 10, 2020, the Defendant: (a) installed the victim’s car parking lot located in the Cheongju-gun, Chungcheongnam-gun; (b) installed the victim’s vehicle at the victim’s parking lot located in the Cheongju-gun; (c) attached the 7 mobile phone 1 unit (No. 1) connected to one auxiliary distribution unit (No. 2); and (d) installed the 1 unit (No. 3) connected the 10 mobile phone ju-si, Samsung ju-gun (No. 3) used by the Defendant, and collected the victim’s location information by using the 7 mobile phone ju-si, 2020, without the victim’s consent.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police's protocol of statement B to the victim's legal statement, cell phone image, etc. after the victim's car, investigation report (Attachment to cell phone pictures submitted at the time of receipt of the written complaint), summary order, investigation report (verification of the use of gender and the presumption of the time of crime), closure of the cell phone, photograph of the cell phone, summary of digital investigation support (Evidence analysis) and the list of seizure lists;

1. Article 40 applicable to the facts constituting an offense, and subparagraph 4 of Article 40 and Article 15 (1) of the Act on the Protection, Use, etc. of Location Information Optional to Punishment;

1. Article 62 (1) of the Criminal Act ( considered as follows):

1. Probation under Article 62-2 of the Criminal Act;

1. The following circumstances for sentencing under Article 48(1)1 of the Criminal Act and the age of the defendant.