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(영문) 서울중앙지방법원 2020.12.18 2020고합69
통신비밀보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. No person who violates the Protection of Communications Secrets Act shall record or listen to conversations between others that is not open to the public on or around March 31, 2019;

On March 31, 2019, at around 13:00 of the Netherlands Hague B, the Defendant started to record a conversation using the Defendant’s solar PC recording function in the Defendant’s domestic affairs at the location where the Defendant’s wife C and C, C D, C’s mother E, Defendant’s fatherF, Defendant’s leakage or G.

At around 18:00 on the same day, the Defendant left the above B and G in the above residence, and did not turn the recording function of the above B, D, and E, and recorded the contents of conversation between C, D, and E by not later than 21:00 on the same day.

Accordingly, the Defendant recorded a conversation between others that is not open to the public.

2. No person who violates the Protection of Communications Secrets Act on April 1, 2019 shall make public or divulge the contents of a conversation that he/she has become aware of in the course of recording a conversation between others that is not open to the public.

On April 1, 2019, the Defendant informed the Defendant’s attachedF of the conversation between C, D, and E, as described in paragraph 1, at a mutual infinite hotel located in the Netherlands Hague.

Accordingly, the Defendant revealed the contents of conversation that he came to know by recording the conversation between others that is not open to the public.

Summary of Evidence

1. Application of the police record of the statement of the defendant C on the legal statement of the defendant, recording book, and the text message to the photographic statute;

1. Articles 16(1)1 and 3(1) of the Protection of Communications Secrets Act relating to criminal facts; Articles 16(1)2 and 16(1)1 and 3(1) of the Protection of Communications Secrets Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes prescribed by the Protection of Communications Secrets Act due to the divulgence of contents of conversations between others with more severe quality);

1. Discretionary mitigation is advantageous to the reasons for sentencing under Articles 53 and 55(1)3 and 55(1)5 of the Criminal Act.

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