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(영문) 수원지방법원 2015.05.07 2015고정637
위치정보의보호및이용등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is in the process of divorce B and divorce.

No one may collect, use, or provide location information of the relevant individual or mobile object without the consent of the individual or owner. On November 6, 2014, the Defendant collected the location information of B around November 6, 2014 by attaching a location tracking device on the right side of the DST7 car owned by B, which is parked in the parking lot No. 101, Dong 1802, Siwon-si, Youngwon-si, and 101, Dong 1802, and by installing a location tracking device app (E) on the cell phone owned by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to location tracking photographs;

1. Relevant Article 40 of the Act on the Protection, Use, etc. of Location Information regarding facts constituting an offense, and Articles 40 subparagraph 4 and 15 (1) of the Act on the Protection, etc. of Location Information

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Partial reduction of fines prescribed by the summary order in consideration of the fact that the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act is against the defendant, and there is no record of punishment for the crime, etc.

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