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(영문) 서울북부지방법원 2013.08.28 2013고단934
통신비밀보호법위반
Text

A defendant shall be punished by imprisonment for not less than six months and suspension of qualifications for six months.

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

Reasons

Punishment of the crime

No person shall make a recording or listening to conversations between others that are not open to the public without going through the Protection of Communications Secrets Act, the Criminal Procedure Act or the Military Court Act, and make such recording or listening to it public or divulge such conversations.

Nevertheless, the Defendant, as a private taxi engineer of B and an operator of Internet African TV Africa from around 03:50 on December 29, 2012, to around 03:50 on to 04:15, the Defendant sent his conversation to the said “C”, which he operated without the consent of the passengers D and E, in real time, and disclosed to many unspecified viewers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes governing the progress of broadcasts;

1. Article 16(1)2 and 1, and Article 3(1) of the Protection of Communications Secrets Act concerning criminal facts;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no record of criminal punishment, and the fact that all of the crimes of this case are divided, recognized);

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