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(영문) 서울서부지방법원 2021.02.03 2020고합222
통신비밀보호법위반등
Text

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

However, for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are in the post-ship and post-ship relationship, and Defendant A is the wife of C.

Defendant

A doubtful the appearance of each type C and had the mind to install tape recorder and location tracking devices on the Dsch Rexroth vehicles used by C, and Defendant B, the workplace ship of Defendant A, knew that Defendant A intended to install tape recorder and location tracking devices on the above vehicle, and attempted to assist Defendant A to install the tape recorder and location tracking devices.

1. No person who violates the Protection of Communications Secrets shall record or listen to conversations between others that are not open to the public;

On October 29, 2019, at around 23:03, the Defendants came to the second underground parking lot of “Seoul Mapo-gu apartment complex”, and Defendant A opened the door of the above fex engine vehicle parked therein, Defendant B installed under the driver stand of the above vehicle with one tape recorder installed by Defendant A, and around that time, C recorded a conversation exchanged with the mother.

Accordingly, the Defendants conspired to record the conversations between others that are not open to the public.

2. No person who violates the Act on the Protection, Use, etc. of Location Information shall collect, use, or provide location information regarding the person concerned without consent from the subject of such personal location information;

While Defendant B installed one tape recorder at the time and place set forth in the preceding paragraph, as described in the preceding paragraph, Defendant A attached a location tracking device purchased in advance on the side of the Spain set down below the string line of the said vehicle. At that time, the Defendants collected C’ location information by using a plug installed in the mobile phone at that time.

Accordingly, the Defendants conspired to collect the personal location information without obtaining the consent of the subject of the personal location information.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on internal investigation and the results of field inspection;

1. Defendants: the pertinent legal provisions and the choice of punishment regarding criminal facts.

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