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(영문) 광주지방법원순천지원 2020.09.24 2020고단446
통신비밀보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall record or listen 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.

Nevertheless, the Defendant, at around March 2019, kept one USB type tape recorder inside the husband BMW vehicle of her husband, and recorded a conversation between B and C, who is his work partner, and listened to it at a remote place around that time.

Accordingly, the Defendant recorded and heard conversations between others that are not open to the public.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 16(1)1 of the Protection of Communications Secrets Act and Articles 16(1)1 and 3 of the same Act concerning the selection of criminal facts;

1. Six months of imprisonment with prison labor and suspension of qualifications for a period of suspension of sentence under Articles 53 and 55(1)3 and 55(1)5 of the Criminal Act (including the fact that the injured party committed an unlawful act with her husband and committed the instant crime, which may be considered in light of the circumstances; that the injured party does not want the punishment against the accused; that the accused’s mistake is against the accused; that there is no criminal record)

1. Article 59 (1) of the Criminal Act for the suspension of sentence;

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