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(영문) 춘천지방법원 2019.06.21 2019고합26
통신비밀보호법위반
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, for two years from the date this judgment becomes final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

No person shall record or listen to a conversation between others that is not open to the public.

Nevertheless, on February 28, 2018, the Defendant installed a tape recorder in the victim's Darburged vehicle parking lot in Chuncheon-si, Chuncheon-si, Seoul-si, with a recording device inside the victim's Darburgic vehicle, recorded the contents of non-public telephone conversations between the victim and his person, and recorded the conversation between others.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Application of the Acts and subordinate statutes governing sound recording files CDs;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act provides that the defendant's external appearance is doubtful, and the motive of recording the contents of conversation between others is uncertain, and the quality of the crime is not good. However, the defendant seems to have shown his primary offender, his mistake is recognized, and his attitude seems to be contradictory, as well as various sentencing factors revealed in the arguments of this case, including the defendant's age, environment, character and conduct, and conditions before and after the crime. It is so decided as per Disposition by comprehensively taking account of all the various sentencing factors revealed in

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