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(영문) 서울서부지방법원 2020.03.25 2020고단189
절도등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. No person who violates the Act on the Protection and Use of Location Information shall collect, use, or provide the relevant personal location information without consent from the subjects of personal location information;

When the Defendant came to know that the victim had much cash stored in his/her residence through the video of the victim C, who is the pector, he/she was trying to trace the location of the victim in order to find out the time when the victim became aware.

On December 16, 2019, the Defendant: (a) attached the GPS location tracking device to collect the victim’s location information in the vicinity of the air exhauster of the Fenz SPS car owned by the victim at the second underground parking lot of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, Seoul, and (b) collected the victim’s personal location information through the location tracking display system from that time until December 23, 201.

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

2. The Defendant was aware of the fact that the victim C kept a large amount of cash in his/her residence as above, and committed an intrusion upon the victim C’s residence and attempted to steals cash.

Accordingly, the defendant found the time period during which the victim C was living in the house mainly in accordance with Paragraph 1, and on December 14, 2019, around 15:00, the victim C and his wife G installed a small bromeras in the table H of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, where the victim G is living in the front of the entrance, thereby identifying the victim's secret number.

On December 17, 2019, the Defendant continued to cut off the cash amounting to KRW 12 million owned by the victim G, which had been located in the inner cremation, etc., after dividing the password of the entrance at the above location on December 15:36, 2019, and intrusion upon the victims’ residence.

3. On December 23, 2019, the Defendant entering a residence is again cash, etc. at the same place as paragraph (2) at around 15:15.

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