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(영문) 서울중앙지방법원 2015.10.21 2015고단3545
통신비밀보호법위반
Text

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

However, the above punishment shall be imposed for one year from the date this judgment becomes final.

Reasons

Punishment of the crime

No person shall record or listen to conversations between others that are not open to the public, except as prescribed by the Act.

Nevertheless, on January 9, 2013, from around 19:00 to 22:00, the Defendant provided meals at a restaurant of "E" located in Gwanak-gu in Seoul Special Metropolitan City, Gwanak-gu, the Defendant, using smartphone (phoneF) which was held as the presence of H, a female female president, from the side of the G apartment, and was under way by seven members, recorded the conversation of "G apartment female conference" at around that time, and then delivered the recording file to I/L, the head of the Defendant, and the head of the Gu.

The defendant recorded a conversation between others that is not open to the public.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes of additionally filing an additional appeal, copy of the statement of statement (I), recording recording (No. 2 of the evidence list);

1. Articles 16(1)1 and 3(1) of the former Protection of Communications Secrets Act (amended by Act No. 1229, Jan. 14, 2014) concerning criminal facts

1. The act that the defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, recorded the conversation of the monthly meeting of the apartment girls and girls and delivered a recording file to the head of the Gu and the head of the Gu, is not easy to say that the crime is committed.

However, there is no other force to punish the defendant as well as the previous criminal records of the punishment, and there is a reason to consider the circumstances in relation to the crime in that the defendant made a recording of his/her name and appearance at the meeting of the female president H at the monthly meeting.

In this context, the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be equally considered and sentenced to the same sentence as the disposition.

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