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(영문) 서울중앙지방법원 2015.11.23 2015고합730
통신비밀보호법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is K K's representative director that provides management support services, such as dispatching employees to take charge of general affairs other than the department of medical services, such as public relations agency and counseling of "Jsung Foreign Department" located in Gangnam-gu Seoul Metropolitan Government I.

No person shall censorship any mail, wire custody of any telecommunications, or record or listen to any conversations between others that is not made public without recourse to the Protection of Communications Secrets Act, the Criminal Procedure Act or the Military Court Act.

Nevertheless, around September 2013, the Defendant, at the above Jin-Type and the sixth customer counseling room, installed a Do office to learn or record the contents of the sound in CCTV inside the customer counseling room, and listened to the conversations between the head of the counseling office and the unspecified customer from around that time to August 2014, for the purpose of detecting the site where the head of the counseling office affiliated with the above K company embezzled fees, etc. in the course of counseling for unspecified customers.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness L and M;

1. Each police statement of the N,O, or P;

1. Each written statement of Q and R;

1. A fact-finding certificate, a report on the fact of damage, and a report on discovery of the device for hearing and an investigation request;

1. Application of Acts and subordinate statutes to investigation reports (as a result of analysis of evidence);

1. Relevant provisions of Article 16 (1) 1 of the Protection of Communications Secrets Act and the main sentence of Article 3 (1) of the same Act concerning facts constituting an offense (Concurrent imposition of imprisonment and suspension of qualification);

1. Mitigation of discretionary mitigation under Articles 53, 55(1)3 and 55(1)5 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. One year of suspension of qualifications to be suspended;

1. Article 62 (1) and (2) of the Criminal Act of the suspended execution;

1. Reasons for sentencing under Article 59 (1) and (2) of the Criminal Act ( repeatedly considering the reason for discretionary mitigation with respect to the suspension of qualification);

1. From six months to fifteen years of imprisonment with prison labor, and from six months to six years of qualification suspension; and

2. The criminal defendant committed the instant crime with imprisonment for six months or more (two years of imprisonment and suspension of execution).

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