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(영문) 대전지방법원 2017.02.09 2017고정32
개인정보보호법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a representative of occupants of Daejeon Dong-gu B apartment complex 1 and two complexes.

On June 15, 2016, an operator of a visual data processing device arbitrarily handles the visual data processing device for any purpose other than the purpose of installation, or shoots other locations, and recorded a voice of people who have access to the device by setting up the visual data processing device at the second representative office of the apartment management office around June 15, 2016, notwithstanding the fact that the recording function cannot be used.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of CD-related Acts and subordinate statutes

1. Article 72 subparagraph 1 of Article 72 of the Personal Information Protection Act and Article 25 (5) of the Act on the Protection of Personal Information, which stipulates the applicable law on criminal facts and the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant asserts that his act is a legitimate act, since C uses the CCTV recording function to protect himself/herself in response to verbal abuse from time to time.

In full view of the circumstances acknowledged by evidence, such as the fact that the Defendant could have recorded verbal abuse C by using other devices that operate only the recording function rather than the recording function of the visual data processing device, and the Defendant used the recording function in the absence of C, it is difficult to view the Defendant’s act as a justifiable act. Therefore, the above assertion is rejected.

It is so decided as per Disposition for the above reasons.

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