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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 2018, the Defendant was notified from around 2016 to around 2016 that he would no longer contact the Defendant’s house with the Defendant’s early policeman.
1. No person who violates the Protection of Communications Secrets shall record or listen to conversations between others that is not open to the public, except as provided by Acts and subordinate statutes;
Nevertheless, on February 2018, the Defendant: (a) discovered that he was not a man with another male; (b) installed a tape recorder in the Clearning car owned by B to check it.
In February 2, 2018, the Defendant: (a) installed a super-small-sized USB tape recorder (M Q-U300, No. 2) purchased through the Internet shopping mall to record conversationss with B and unspecified persons in early February 2, 2018; (b) failed to record the conversations with the intent of failure.
Accordingly, the Defendant attempted to record a conversation with others that are not open to the public.
2. No person who violates the Act on the Protection, Use, etc. of Location Information shall collect, use, or provide location information on an individual or mobile object without the consent of the individual or the owner of the mobile object;
Nevertheless, on May 28, 2018, the Defendant: (a) attached a super-small location tracking device (MT-200, No. 1) purchased through Internet shopping mall on the back wheel side of the driver’s seat of the car as stated in the above paragraph (1) with the aim of driving B, and collected the location information of the said car operated by B from that to May 28, 2018.
Accordingly, the defendant collected personal location information without the consent of B.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. A protocol of seizure and a list of seizure;
1. A certificate of subscription to a location tracking system;
1. The investigation report (as to the recording of the USB recorder).