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(영문) 광주지방법원 목포지원 2015.02.16 2014고합206
통신비밀보호법위반방조
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A defendant shall be punished by imprisonment for six months and suspension of qualifications for each of six months.

except that the ruling shall be made for one year from the date of the final judgment.

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 provisions of Acts, such as the Protection of Communications Secrets Act.

Nevertheless, on June 201, the Defendant: “D(C and de facto marriage) goes in the house to another male, and thus, it is necessary to install CCTV inside the house to collect evidence.” Upon the request of the CCTV installer, the CCTV installer, who was engaged in ordinary transactions, sent phone to E for the price, etc., and then notified the time and place of installation of CCTV when he requested to install CCTV at the same house.

Therefore, on June 201, 201, the Defendant sent the CCTV to the residence of D located in F during Mapo-si, Ma, and C had E install CCTV so that it can not be seen in the TV spackers located in his ward.

As a result, the Defendant aided and abetted the crime by facilitating C’s recording of the contents of conversation between D and each other.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the prosecutor's office and police interrogation protocol of the accused;

1. Part of the witness C’s legal statement;

1. Statement of D;

1. E’s statement of witness (2012-2438);

1. Decision on application for the application of the Gwangju District Court (2012Gohap13, 168) and decision on the Gwangju High Court (2013No67);

1. The Defendant and the defense counsel asserted that C was unaware of the installation of CCTV for the purpose of collecting evidence in preparation for a lawsuit with D.

However, according to each of the above evidence, the defendant stated that "the defendant was permitted to do so by C until he was installed at the time when he installed CCTV for the first time on June 201, 201, when it is not good to distinguish with D, when D comes to enter another male in his house, and when he talks with D."

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