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(영문) 수원지방법원 2017.04.18 2016고단8264
통신비밀보호법위반
Text

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

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

Reasons

Criminal facts

Anyone shall not record or listen to conversations between other persons that are not open to the public without going through the provisions of Acts, and shall not make public or divulge the contents of the conversation which he has learned in the course.

1. On October 1, 2016, the Defendant returned from around 12:00 to around 14:00 of the same day to the c “C” room located in the Sinsi-si Sinsi-si (U).

In order to confirm the contents of conversation between D and E, cellular phone was stored in the state where the recording function is performed in the above sanet, and recorded the contents of conversation between others that are not open to the public.

2. On October 2016, the Defendant sent a recorded file to the E’s wife using the Kakao Stockholm, and leaked the contents of the conversation. Then, the Defendant sent the recorded file to the E, as described in paragraph 1, to the Kakao Stockholm.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Copy of a record;

1. Application of the Act and subordinate statutes to report on investigation (Attachment to suspect cell phone photographs);

1. Relevant legal provisions concerning criminal facts (Concurrent punishment and suspension of qualifications) (Article 16(1)1, Article 3(1) (the point of recording conversations between others that are not disclosed) of the Protection of Communications Secrets Act, Article 16(1)2 and Article 16(1)1 of the Protection of Communications Secrets Act (the point of divulging the contents of recorded communications or conversations);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Circumstances favorable to the defendant for the reasons for sentencing under Article 62(1) of the Criminal Act (in regard to imprisonment with labor), are as follows.

The defendant recognized the crime of this case and divided the errors.

There are some circumstances that may be taken into account the circumstances leading to the crime committed.

The defendant did not use the recorded file as a profit-making purpose or as a means of money fraud.

One time for the defendant.

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