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(영문) 부산지방법원서부지원 2020.10.22 2020고합158
위치정보의보호및이용등에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months and suspension of qualifications for one year.

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

Reasons

Punishment of the crime

1. No person who violates the Act on the Protection and Use of Location Information shall collect, use, or provide the relevant personal location information without consent from the subjects of personal location information;

The defendant had a mind to trace the location of the victim in order to secure evidence to be used in the divorce lawsuit with her husband B.

On January 22, 2020, the Defendant: (a) attached a route trackingr (Evidence 2) at the location trackingr for collecting the victim’s location information on the lower part of the DBB BF passenger vehicle owned by the victim at the front of the victim’s residence located in Busan YB C; and (b) collected the victim’s personal location information through the location tracking display road map, which is until the 28th day of the same month.

2. Anyone who violates the Protection of Communications Secrets Act shall be prohibited from censorship of mail, wiretapping of telecommunications or recording or listening to conversations between others that are not open to the public, unless it is prescribed by Acts; and

Nevertheless, in January 2020, the Defendant installed a Bos-pent (No. 1) in the air conditioners and a subsequent pen clocks located in the victim's residence, and recorded a conversation between the victim and the son of the victim.

Summary of Evidence

1. The defendant's legal statement B, each police protocol of statement about E, and the list of seizure;

1. Application of Acts and subordinate statutes to an investigation report (Attachment B to the complainant B) (a written record of the submission of the complaint) , a criminal investigation report (Attachment B) , a device photograph, and a response sheet based on analysis of digital evidence;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 40 subparagraph 4 and 15 (1) of the Act on the Protection, Use, etc. of Personal Location Information (the collection of personal location information and the choice of imprisonment), Article 16 (1) 1 of the Protection of Communications Secrets Act, and the main sentence of Article 3 (1) of the Protection of Communications Secrets Act (the foregoing shall be concurrently imposed as imprisonment with prison labor and the suspension of qualification);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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