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(영문) 서울동부지방법원 2017.11.23 2017고합258
통신비밀보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On March 7, 2017, the Defendant was a person working as the head of the Songpa-gu apartment management office, and the victim C, the head of the apartment expenses group from March 14, 2017 to 15:00, recorded without permission by installing a tape recorder in the reading center of the executive office located in the apartment management office with one wall for the training of the guards at the second floor of the apartment management office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of investigative reports (for expenses to be incurred in submitting a complainant), investigative reports (for example, recording records of submitting a complainant, and text messages), criminal investigation reports (for example, recording files of a complainant), and CD-related Acts and subordinate statutes to sound recording files;

1. Article 16 (1) 1 and the main sentence of Article 3 (1) of the Act on the Protection of Communications Secrets concerning facts constituting an offense;

1. Article 53, Article 55 (1) 3, and Article 55 (1) 5 of the Criminal Act (The following favorable circumstances among the grounds for sentencing)

1. Six months of imprisonment to be suspended and one year of suspension of qualifications;

1. Reasons for sentencing under Article 59(1) of the Criminal Act (the following conditions favorable to the reasons for sentencing) of the suspended sentence

1. Scope of punishment: Imprisonment with prison labor for not less than six months but not more than five years and suspension of qualifications for not more than two years and not more than six months;

2. Scope of the recommended punishment on the sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence: Suspension of sentence;

A. As a normal apartment management complaint unfavorable to the Defendant, the following was recorded without permission between the director of the apartment expense group and the guard staff of the apartment expense group and the contents of the meeting.

B. The Defendant, who was at the location of receiving a report on the job training for normal security guards favorable to the Defendant, did not properly report on himself/herself.

In order to think of and confirm this, it seems that the recording of this case was caused, so there is no record of crime that the injured party does not want the punishment of the defendant, in agreement with the injured party, because there are circumstances that can be considered.

(c)the age of the defendant;

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