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(영문) 의정부지방법원고양지원 2020.11.24 2020고합222
통신비밀보호법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is married with the victim B and divorced.

1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) shall divulge facts to the public through information and communications networks to defame any person;

Nevertheless, around November 7, 2019, the Defendant sent text messages to the F, G, etc., E by using the Defendant’s cell phone for the purpose of slandering the victim at the Defendant’s residence located in the Yongsan-gu Seoul Metropolitan Government C apartment D, Yongsan-gu, Yongsan-gu, Incheon Metropolitan City, and the Defendant sent text messages to the F, etc., who are members of the E, using the Defendant’s cell phone for the purpose of slandering the victim.

Accordingly, the defendant has damaged the reputation of the victim by divulging facts openly through the information and communication network for the purpose of slandering the victim.

2. Violation of the Communications Secrets Protection Act;

(a) On or before September 12, 2019, no person shall record or listen to conversations between others that are not open to the public, in violation of the provisions of relevant statutes.

Nevertheless, at the defendant's house located in Kimpo-si on September 12, 2019, the defendant, during the phone call of the victim, divided the victim into the cell phone and connected the victim's cell phone, and on the ground that there was doubt that the victim's sound conversations with another male, etc. was winded, the defendant operated the recording function of the defendant's cell phone and recorded the contents of the conversation between the victim and H for about two minutes.

The defendant recorded a conversation between others that is not open to the public.

(b) No person shall, on or before December 27, 2019, disclose or divulge the content of communications or conversations between others that he/she has become aware of in violation of the provisions of the crime.

Nevertheless, the Defendant filed against the Defendant at the Seoul Central District Court No. 2019Kahap21927, which was filed by the victim, in a place where it is not known around December 27, 2019.

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