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(영문) 인천지방법원 2015.02.16 2014고단9209
통신비밀보호법위반등
Text

A defendant shall be punished by imprisonment for not more than four months and suspension of qualifications for six months.

However, the above imprisonment for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Anyone who violates the Protection of Communications Secrets Act shall be prohibited from censorship of mail, wiretapping of telecommunications, provision of communication confirmation data or recording or listening to conversations between others that are not open to the public, unless it is prescribed by relevant Acts;

Nevertheless, on April 2010, the Defendant recorded a conversation between E and F by ordering Nonindicted Party B to install and operate a tape recorder in the D Infant Care Center Office located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu.

2. On May 22, 2010, the Defendant, along with a conversation between E and F, recorded the victim E, as stated in paragraph 1, will be subject to verification as to whether he/she will deliver the information he/she has to 12 life counselors and to verify whether his/her opinions are not a particular relationship with each other. He/she will deliver the information he/she has to the second president to the National Assembly so that he/she may check whether he/she could teach the public department dealing with the child’s form of softing. If the conclusion is not reached, he/she sent the e-mail stating, “I would have the director of the bureau verified the thickness of the private placement,” and sent the e-mail, “I would like to have the victim verified the appropriateness of the above F, and would have the victim know of this content to all employees in the childcare center and his/her spouse, if not recognized before all employees in the childcare center and the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement of E;

1. Application of Acts and subordinate statutes to each investigation report (a written confirmation attached) (a suspect A monetary report) (a criminal suspect A monetary report).

1. Article 16(1)1 and Article 3(1) of the former Protection of Communications Secrets Act (amended by Act No. 1229, Jan. 14, 2014);

1. As to Article 62(1) of the Criminal Act, dialogues between others with the reason for sentencing (a prison term) will take place.

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