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(영문) 대구지방법원 2019.11.22 2019고합196
통신비밀보호법위반등
Text

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

However, the above imprisonment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall record or listen to conversations between others, which is not open to the public, without recourse to the Protection of Communications Secrets Act, the Criminal Procedure Act or the Military Court Act.

Nevertheless, the Defendant recorded the contents of conversations C and D in a way that: (a) the Defendant had a mind to record the conversations between C and D within a Brane-car operated by the Defendant; and (b) the Defendant had the recording function of the Defendant’s cell phone in the car and left it within the car at a rest area near the outdoor music hall located in the middle 2, Seogu-gu, Daegu-gu, 2018 at the end of 20:0.

The defendant recorded a conversation between others that is not open to the public.

On October 22, 2018, the Defendant 2019Gohap334, the 2017th day of the 2018th day of the 2018th day, on the ground that the Defendant called “the victim C (n't, 17 years of age) to give tobacco only to the victim,” but the victim said “n't.e., the victim is one of his/her superior.”, the Defendant 2nded the Defendant’s camping-gate (a total length approximately 76.5 cm) with the Defendant’s shoulder and the part at the end of the above camping-gate network.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

"2019 Highly 196"

1. Defendant's legal statement;

1. Stenographic records;

1. Each police statement of D or E "2019, 334";

1. Defendant's legal statement;

1. Stenographic records;

1. Each police statement to C, D, and E;

1. Application of Acts and subordinate statutes to investigation reports (including Nos. 5 and appended materials);

1. Article 16 (1) 1 of the Protection of Communications Secrets Act and Article 16 (1) 1 of the same Act and the main sentence of Article 3 (1) of the same Act (the recording of conversations between other persons not disclosed and the concurrent imposition of imprisonment and suspension of qualifications as necessary), Articles 261 and 260 (1) of the Criminal Act (the occupation of special assault and the choice of imprisonment);

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

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