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(영문) 전주지방법원 2016.11.17 2016고단1470
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

Criminal facts

No person shall make a recording or listen to conversations between others that are not open to the public without going through the Protection of Communications Secrets Act, the Criminal Procedure Act or the Military Court Act, and shall make public or divulge the contents of conversation known to him.

The defendant is doubtful that C is out of the capacity of his spouse, and the defendant included the USB type recorder in C's bags, recorded the conversation with C and other persons, and thought that C and other persons are used as evidence of a divorce lawsuit.

1. Recording illegal conversations;

A. At around 11:00 on September 17, 2015, the Defendant kept an USB type tape at the Defendant’s home located in Seojin-gu Seoul Special Metropolitan City D and 108 Dong 603, and recorded an undisclosed conversation between C and E during the period from 4:00 to 5:00 on the following day.

B. On September 18, 2015, the Defendant posted an USB type tape recorder at C’s home room by the foregoing method and recorded an undisclosed conversation between C and F around 21:00 of the same month.

C. On September 24, 2015, the Defendant recorded an undisclosed conversation between C and G in the Defendant’s vehicle by the foregoing method.

On September 26, 2015, the Defendant concealed an USB type tape recorder at the Defendant’s above house and recorded an undisclosed conversation between C, H and I around the 30th day of the same month.

2. Around October 19, 2015, the Defendant: (a) drafted a recording recording of the conversations at the Stenographic Office in the Stenographic Office in the Chungcheongnam-gu Seoul Special Self-Governing Province, as set forth in paragraph (1), through a stenography L; and (b) filed a lawsuit of divorce or a claim for consolation money against C at the Jeonju District Court located in the 25 in the Jeonjin-gu Seoul Special Self-Governing Province in the 21st day of the same month; (c) filed a lawsuit of divorce or a claim for consolation money against C; and (d) submitted

In this respect, the defendant came to know by recording like paragraph 1.

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