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(영문) 대전지방법원 천안지원 2020.06.10 2020고합54
통신비밀보호법위반
Text

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

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

Reasons

Punishment of the crime

No person shall censorship any mail, wiretapping any telecommunications, provide communication confirmation data, record or listen to any conversations between others that are not open to the public, or disclose or divulge the relevant contents without going through the Protection of Communications Secrets Act, the Criminal Procedure Act or the Military Court Act.

From August 2012, the Defendant, from around B and B, had been living together with B from May 2013.

1. From January 26, 2019 to July 4, 2019, the Defendant was aware of the fact that he operated B’s mobile phone at the Dong-gu, Dong-gu, Dong-gu, Dong-gu, and was aware of the fact that the contents of B and D’s mobile phone were recorded. The Defendant made an automatic recording on B’s mobile phone in order to secure evidence on external Dos so that the contents of D and D may be stored automatically, and then recorded and heard the conversations between B and others, who were not disclosed more than 406 times in total, as shown in attached Table 1, from January 26, 2019 to July 4, 2019.

2. In the residence described in paragraph (1), the Defendant listened to the horses of the people in the vicinity of Pyeongtaek B’s drinking house of “F” in the operation of E, and was doubtful of the appearance of B and E. In order to obtain evidence of the appearance, the Defendant recorded and heard conversations between B and E, other than those who are not disclosed 97 times in total, as shown in attached Table 2, from March 1, 2019 to July 4, 2019, in the same manner as described in paragraph (1).

3. Around March 12, 2019, the Defendant sent a total of five recorded files to I before H located in Dong-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and disclosed them to others, as shown in the crime sight table 3 among the recorded files.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written complaint and an additional statement of the complainant;

1. Investigation reports (storage of telephone recording files) and telephone communications of persons involved in investigation reports.

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