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(영문) 수원지방법원 평택지원 2017.07.24 2017고합80
통신비밀보호법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant, from June 8, 2016 to July 31, 2016, was a person who held office as the president of the management office of the DNA apartment in Ansan-si, and E is the president of the representative meeting of the occupants of the above apartment.

F, the auditor of the representative meeting of apartment occupants, G and the president of the disinfection company, who are residents of the above apartment, filed a civil petition with respect to viewing on the ground that the defendant and E did not make a re-public notice to occupants in the course of bidding of apartment controlled entities, thereby making it difficult for them to make mutual appraisal.

1. No person who records conversations between others that are not open to the public shall censorship of mail, wiretapping telecommunications, provide data verifying the fact of communications, or record or listen to conversations between others that are not open to the public, without recourse to the Act on the Protection of Communications Secrets, the Criminal Litigation Act or the military court Act;

Nevertheless, on September 12, 2016, the Defendant: (a) was linked in front of the ordinary day elementary school located in Pyeongtaek-si joint-dong on September 12, 2016, with the phone from H while driving one’s IS5 car, which was not cut; (b) H heard conversations with G and F, which is not known by H, and tried to record it.

From 18:25 on the same day to 18:52 on the same day, the Defendant recorded the contents of conversations between H, G, and F by using his cell phone reception and telephone recording function in a state of connection with H currency between approximately 27 minutes.

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

2. On September 12, 2016, the Defendant committed a crime of disclosing the contents of conversation known to him, within the Defendant’s car parked in the front parking lot of a mutually influent restaurant, which is located in the inside of the day-to-day training around 22:00, the Defendant recovered the voice file of the conversation between H, G, and F stored in his mobile phone by recording to E as referred to in the preceding paragraph.

Accordingly, the Defendant disclosed the contents of conversation between others that are not open to the public.

Summary of Evidence

1. The defendant's oral statement;

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