logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2020.08.28 2020고합109
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

Punishment of the crime

around 1984, the Defendant got married to the victim B (ma, 60 years of age) and a person who is in a legal marital relationship with the victim in December 2017, and had the intent to establish an automatic recording system in the cell phone of the victim, which is doubtful of the victim’s external appearance.

No person shall record a conversation between others that is not open to the public, except as provided by an Act.

Nevertheless, around December 31, 2017, the Defendant set up a telephone phone of the victim in his/her mobile phone, and recorded a telephone conversation between the victim and the female under his/her name not disclosed from January 1, 2018 to January 3, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. B The application of the law to the police statement statement statement, investigation report (as to the recording recording case), photo of the application, investigation report (as to the filing party's telephone recording), copy of the video file filed by the criminal suspect, copy of the video file filed by the criminal suspect, copy of the investigation report (as to the confirmation of the function of the "Cherinbo" telephone recording), investigation report (as to the recording file filed by the criminal suspect and the complainant), investigation report (as to the recording file filed by the criminal suspect), investigation report (as to the recording file filed by the criminal suspect), investigation report (as to the recording file filed by the criminal suspect), BKakao Stockholm photographs, Kakao Stockholm photographs, and investigation report ( as to the filing of the accused telephone recording file) (as to the submission of the accused telephone recording file).

1. Article 16(1)1 of the Protection of Communications Secrets Act and the main sentence of Article 3(1)1 of the same Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 and 5 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) and (2) of the Criminal Act with regard to suspended sentence;

1. The scope of punishment by law: Imprisonment for not less than six months nor more than five years and suspension of qualifications for not more than two years and not more than six months;

2. Non-application of the sentencing criteria: No sentencing criteria shall be set.

3. Determination of sentence: Imprisonment with prison labor for six months or suspension of execution, one year, or one year or more disadvantageous to suspension of qualifications: the criminal of this case shall be committed between others; and

arrow