logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.05.30 2019고합75
통신비밀보호법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

Criminal facts

1. On February 21, 2018, the Defendant assaulted the victim, such as: (a) the Seo-gu Daejeon apartment, Seo-gu, the Defendant’s house, and (b) the Seo-gu, Seo-gu, Daejeon, that read “Isn't know that Isn't have been open to open; (b) the Defendant was able to have his handed; and (c) the Defendant was able to capture the two hands of the victim D; and (d) the Defendant

2. Protection of Communications Secrets Act;

A. From March 10, 2018, the Defendant, from around March 10, 2018, installed a tape recorder under the UAS located in the above inside room and recorded a conversation between others not open to the public by recording the victim’s speech, telephone conversations, or conversation with the victim, from March 31, 2018 until the victim is discovered.

B. On April 1, 2018, the Defendant installed a tape recorder at the same place as that described in the foregoing paragraph 2(a) and recorded a conversation between others that was not disclosed by the foregoing method.

C. On April 2, 2018, the Defendant: (a) installed a tape recorder at the same place as that described in the foregoing paragraph 2(a) and recorded a recording of conversations between others that are not disclosed by the said method.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A complaint;

1. Application of Acts and subordinate statutes to photographs and tape recorderss of victims;

1. Article 260(1) of the Criminal Act applicable to the relevant criminal facts, the choice of punishment (the point of assault and the choice of imprisonment), Articles 16(1)1 and 3(1) of the Protection of Communications Secrets Act (the recording of conversations between other persons undisclosed to the public, and the punishment of imprisonment and suspension of qualification is required to be imposed concurrently);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the penalty and concurrent crimes prescribed by the Protection of Communications Secrets Act of Article 2 of the holding with the largest sentence)

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. Reasons for sentencing under Article 62(1) and (2) of the Criminal Act (with respect to imprisonment, taking into account the favorable circumstances among the following reasons)

1. The scope of punishment by law: Imprisonment;

arrow