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(영문) 서울서부지방법원 2017.09.13 2017고합227
통신비밀보호법위반
Text

A defendant shall be punished by imprisonment for six months and suspension of qualifications for one year.

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

Reasons

Punishment of the crime

Anyone shall be prohibited from censorship of mail, wiretapping of telecommunications, or recording or listening to conversations between other persons that are not open to the public, except as prescribed by Acts, such as the Protection of Communications Secrets, etc.

1. The Defendant suspected of having his wife C and Yongsan-gu Seoul Metropolitan Government D apartment and 103 Dong 1402 residing together in a divorce lawsuit, and had his wife’s appearance, and had the Defendant purchased and installed online a tape recording machine in preparation for divorce lawsuit from October 2014 to March 1, 2015, and had the wife recorded conversations with other persons.

A. On October 26, 2014, the Defendant recorded the contents of the conversation between the above C and his mother, using the said recorder at the above place.

B. On February 2015, the Defendant recorded the contents of telephone conversations with the above C and F, a man of his female, at the above location, using the said tape recorder.

2. On March 1, 2015, around 12:00, the Defendant installed a tape recorder at the G and F, in order to understand what conversations the above C and the content of this conversation with the knowledge that the above C met F at the G, M, M, M, M, M, M, M, M, M, M, M, M, M, M, M, M, M, M, M, M, M, M, M, M, M, M, M, M, M, M, M, M, M, M

The defendant recorded a conversation between others that is not open to the public.

Summary of Evidence

1. Statement of the defendant in the first trial protocol of Seoul Western District Court 2017 High Court Order 195 case;

1. Statement made by the police with regard to C;

1. Complaint;

1. The application of Acts and subordinate statutes to investigation reports (as to a tape recorder with a recording pented by the person under investigation);

1. Article 16 (1) 1 and Article 3 (1) of the Act on the Protection of Communications Secrets of the relevant Act on criminal facts;

1. Reduction of a small amount (The following circumstances favorable to the defendant among the reasons for sentencing) under Article 53 and Article 55 (1) 3 and 5 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act, which has been suspended (the following grounds for sentencing repeated for a favorable reason to the defendant):

1. The scope of punishment by law:

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