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(영문) 의정부지방법원 2017.02.10 2016고단5583
통신비밀보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall record or listen to a conversation between others that is not open to the public.

The defendant had a mind to record in order to secure evidence of the non-wheeled relationship between husband B and husband C (A, 40 years old), which is a middle school of husband B.

On February 3, 2016, around 22:00, the Defendant, at the underground parking lot of D 113-dong apartment buildings, the Defendant installed a tape recorder with the Defendant’s husband, and recorded a recording device with the husband B for about three weeks, such as the conversation between husband B and C, on February 26, 2016.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. The application of Acts and subordinate statutes to record stenographic records;

1. Article 16 (1) 1 and Article 3 (1) of the Protection of Communications Secrets Act for facts constituting an offense and Articles 16 (1) 1 and 3 (1) of the same Act for the selection of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Suspension of sentence under Article 59 (1) of the Criminal Act (including the following: Imprisonment with prison labor for six months:

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