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(영문) 수원지방법원 2012.11.29 2012고단4210
통신비밀보호법위반
Text

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

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person shall record a conversation between others that is not open to the public;

Nevertheless, around June 30, 2012, the Defendant installed a small tape recorder under the Maz Vehicle driver's seat in front of D's house located in Gangnam-gu Seoul, Seoul, and recorded the contents of D and F dialogue for about two minutes.

2. Around July 5, 2012, the Defendant sent the CD in which the recording was recorded, as referred to in paragraph 1, at the F’s residence of Gangdong-gu Seoul Metropolitan Government G Apartment 105, 105, 105, and 105, to H, the F spouse, thereby divulging the content of conversation that he/she learned in the same way as

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to a investigative report (CCTV screen closure);

1. Relevant Articles 16(1) and 3(1) of the Protection of Communications Secrets Act (a) concerning criminal facts; and Article 16(1)2 of the Protection of Communications Secrets Act (a point where the content of conversation has been divulged) concerning criminal facts: Determination of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the penance and radius, and the fact that there is no previous offense exceeding the fine);

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