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(영문) 청주지방법원 2016.10.28 2016고합112
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

1. No person who violates the Protection of Communications Secrets Act shall record or listen to conversations between others that is not open to the public, and shall make the contents of such conversation known to him/her to the public or divulge it;

A. On October 4, 2014, the Defendant called D’s cell phone (E) using his/her cell phone (C) at an irregular place on October 4, 2014, and the call began after the pressing of the aforementioned D’s cell phone device was subdivided.

The Defendant divided “sex relations-related dialogue” between F and F with which he did not know the above situation, and recorded the contents by using his mobile phone recording function.

Accordingly, the defendant listened to and recorded conversations between others that are not open to the public.

B. On September 2, 2015, the Defendant is above the Defendant at a place where he was in fire at around 16:00.

The files recording conversations between D and F, as described in the paragraph, were recorded in a recording book, and the photographs were stamped, and then the above photographs were transmitted to the cell phone (I) using the cellular phone (G) used by H, the carrier of D, and the contents thereof were divulged.

2. 정보통신망이용촉진및정보보호등에관한법률위반(명예훼손) 피고인은 2015. 9. 말경 불상의 장소에서 자신의 휴대전화(C)를 이용하여 피해자 D, 피해자 F 등을 비방할 목적으로 피해자들의 초등학교 동창생인 J의 휴대전화로 “D, F 사귀는 것 사실이다!!”라는 내용이 포함된 문자메시지를 전송하였다.

Accordingly, the defendant revealed openly facts to the public for the purpose of slandering them, thereby impairing the honor of victims.

3. The Defendant, at around 19:00 on October 11, 2014, told the victim D to “if he does not know about KRW 30 million, he will width the content of the recording” at the L coffee store located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju, and the same year from around August 19, 2015.

8. up to 31. The use by itself for a period of three occasions.

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