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(영문) 춘천지방법원 2014.08.01 2014고합50
통신비밀보호법위반등
Text

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

However, the above imprisonment for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 24, 1989, the Defendant was married with the Victim C on May 24, 1989, and is currently pending a divorce lawsuit by filing a divorce lawsuit on November 19, 2012.

The Defendant was able to install sound recording devices by intrusioning on the house of a victim living in his/her place to collect evidence favorable to himself/herself in a divorce lawsuit. On February 4, 2013, the Defendant opened a entrance and opened a door and intrudes on the house of the victim by entering the password, which was first known to the house of the victim, around February 4, 2013, around 107 Dong 1202, and then entering the house of the victim, and no person is able to wiretapping telecommunications or record or listen to conversations between others. However, the Prosecution installed a small tape recorder between the kitchen and the tent, and then recorded and listened to the conversation between the victim and another person from February 4, 2013 to February 9, 2014. However, there is no evidence to acknowledge that the Defendant, as seen in the “guilty part” in the indictment, had the Defendant heard the conversation between the victim and another person on March 20, 2013.

The victim recorded a conversation between the victim and another person and heard it.

Summary of Evidence

1. Defendant’s legal statement (the content that the Defendant recorded and heard conversations between the victim and another person from February 4, 2013 to March 2013 after installing a tape recorder by intrusioning the victim’s residence, as stated in its reasoning)

1. Application of the police protocol law to C

1. Article 16(1)1, Article 3(1) of the Protection of Communications Secrets Act (amended by Act No. 1229, Jan. 14, 2014; hereinafter the same shall apply), Article 319(1) of the Criminal Act (the violation of the Protection of Communications Secrets Act; imprisonment and suspension of qualification concurrently), and Article 319(1) of the Criminal Act (the occupation of intrusion upon residence and the choice of imprisonment)

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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