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(영문) 의정부지방법원고양지원 2020.12.08 2020고합233
통신비밀보호법위반
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

1. No person shall record or listen to conversations between others that are not open to the public without resorting to the Protection of Communications Secrets Act, the Criminal Procedure Act or the Military Court Act.

On February 14, 2019, the Defendant recorded and heard an unpublic conversation between C and D, which was installed on a vehicle used by the Defendant’s husband C, in the Goyang-dong Office Btel underground parking lot, Goyang-gu, Goyang-gu, Goyang-si, the Defendant: (a) recorded and heard an unpublic conversation from 17:00 on February 23, 2019 to 19:00 on the same day.

2. No person shall make public or divulge the contents of conversations between others that have not been disclosed by means of not following the Protection of Communications Secrets Act, the Criminal Procedure Act or the Military Court Act.

On September 26, 2019, the Defendant submitted a recording file of conversations between C and D secured by the same method as the above paragraph (1) and a recording recording of these recording in order to disclose the contents of conversation between others that are not disclosed to the public by submitting it as evidence in a lawsuit claiming damages against D (case No. : Case No. 2019Da79325 of the above court) in order to make it public in order to make it public.

Summary of Evidence

1. Application of the Acts and subordinate statutes on the closure of Ekpets, such as the submission of the police's written statement to C by the defendant to the defendant's legal statement, the USB's written statement submitted by the suspect, and the related

1. Relevant provisions of Article 16(1)1 of the Protection of Communications Secrets Act, the main sentence of Article 3(1) (the provision of recording and listening to conversations between other persons undisclosed to the public, and the provision of imprisonment and suspension of qualification) concerning criminal facts, Article 16(1)2 and 1 of the Protection of Communications Secrets Act, and the main sentence of Article 3(1)1 of the same Act (the provision of conversations between other persons undisclosed to the public, the provision of imprisonment and suspension of qualification necessary concurrently

1. From among concurrent crimes, the disclosure of the contents of conversation between others with heavy crimes under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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