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(영문) 춘천지방법원 원주지원 2020.02.19 2019고단1164
위치정보의보호및이용등에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

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.

The Defendant, as a staff member of the Mental Center,: (a) the Defendant: (b) opened a location tracking machine on the lower part of the G SPP car owned by D from the F parking lot located in Won-si, Nowon-si, on September 26, 2019; (b) collected the Defendant’s mobile phone location information on the said car from around 16:30 of the same day to the Defendant’s mobile phone from around 16:30 of the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes concerning investigation reports, seizure records and criminal records;

1. Article 40 subparagraph 4 of the Act on the Protection and Use of Location Information for the relevant crime, and Article 15 (1) of the same Act;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that there is no criminal record against the defendant, such as the nature of the crime and the fact that the crime is not less than against the defendant, in light of the method of the crime, etc., no criminal record exists, and the defendant was found at the first place of crime at one hour and 30 minutes after the crime, and the defendant was found to have reached an agreement with the victim, and the defendant was in depth of his mistake, and all other circumstances, such as the motive and circumstance of the crime in this case

1. Article 48 (1) of the Criminal Act of confiscation;

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