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(영문) 대전지방법원 서산지원 2014.10.17 2013고단769
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person operating a towing company under the name of "Eex" in D at the time of a medical trial, and the Defendant was willing to first arrive at the scene of a traffic accident occurred in the area of a medical trial and to wiretapping the details of 112 reported report at the time of the medical trial station in order to accept a majority of towing work.

No person shall wiretapping telecommunications without going through the Protection of Communications Secrets Act, the Criminal Procedure Act or the Military Court Act.

Nevertheless, at around 19:00 on April 18, 2013, the Defendant, without recourse to the relevant laws, wireless communication sent from the Jinjin Police Station 112 Reporting Situation Office, instead of the relevant laws by operating radio frequency bands through a vehicleless electric power (DR-605E - HAM299022) installed in front of the above office.

Summary of Evidence

1. Each legal statement of witness G and H (alias I);

1. Report on internal investigation (verification of permission for radio station for a suspected person);

1. Report on internal investigation (Attachment of data as a result of the analysis of seizureless electricity) and notification of the results of the analysis ofless electricity of attached towing enterprises;

1. Application of the Acts and subordinate statutes governing internal investigation reports (Attachment of photographs on the site of seizure of studio), photographs attached thereto, investigation reports (Attachment of office and all kinds of non-electric photographs), and photographs attached thereto;

1. Articles 16(1)1 and 3(1) of the former Protection of Communications Secrets Act (Amended by Act No. 1229, Jan. 14, 2014) concerning criminal facts

1. According to Article 62(1) of the Criminal Act, the reason for sentencing under the suspended sentence is to be taken into account as a favorable condition to the defendant, taking into account the fact that the defendant had no same criminal record, and considering the various conditions of sentencing as indicated in the records of the instant case, such as the defendant’s occupation, age, family relation, etc., the execution of imprisonment

It is so decided as per Disposition for the above reasons.

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