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(영문) 서울북부지방법원 2017.06.15 2017고정850
위치정보의보호및이용등에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a self-employed person and is a de facto marital relationship with the victim B.

No one shall collect, use, or provide location information on an individual or mobile object without the consent of the individual or the owner of the mobile object.

Nevertheless, around January 24, 2017, the Defendant, at around 16:00 on January 24, 2017, collected the location of the victim in an unlawful way by executing “in-house mobile phone finding”, which was put on the bottom of the victim’s hived vehicle (D) by using the Defendant’s mother’s cell phone seat, in order to confirm the victim’s unknown site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Each written confirmation of E and F;

1. A protocol of seizure and a list of seizure;

1. Application of the photographic Acts and subordinate statutes;

1. Article 40 of the relevant Act on the Protection, Use, etc. of Location Information regarding criminal facts and Article 40 subparagraph 4 of the Act on the Protection, etc. of elective Location Information (Selection of Penalty) and Article 15 (1) of the same Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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