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(영문) 인천지방법원 2017.03.30 2016고합830
통신비밀보호법위반등
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 became final and conclusive.

Reasons

Punishment of the crime

[criminal records] On January 17, 2014, the Defendant was sentenced to the suspension of the execution of two years and fine of 15 million won in January 25, 2014 and the judgment was finalized on January 25, 2014.

[Criminal facts]

1. No person who violates the Act on the Protection of Communications Secrets shall record or listen to conversations between others that are not open to the public without recourse to the provisions of the Act on the Protection of Communications Secrets, criminal litigation or military court law;

The Defendant had a mind to record the contents of the D’s conversation in order to confirm the fact of the arbitr’s external appearance, and recorded a conversation between others that has not been disclosed twice as follows.

A. On July 10, 2013, the Defendant: (a) stored one small tape recorder in the handbags used by D in the Defendant’s dwelling at the Defendant’s dwelling, Nam-gu, Incheon; and (b) recorded a conversation between D and F on a non-vehicle.

B. On July 15, 2013, the Defendant stored one small tape recorder in a handbag used by D in the above residence, and recorded conversations between D and F in an insular room.

2. On August 2013, the Defendant forced the victim D to spread the above recording with respect to the above recording at the above residence, saying, “I would spread the conversation before I, I would like to reproduce the contents of the conversation before I, as I governance, and I would like to make the victim fright with the G.

Divorce at an early date, clean arrangement, and complete without end.

“Preparation of an explanatory note” has been made.

Accordingly, the defendant, by intimidation, caused the victim to perform a non-obligatory act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A letter prepared by D;

1. Recording records;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as the defendant's legal statement and criminal history;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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