2018Gohap178 Violation of the Protection of Communications Secrets Act

A

Lease leather (prosecution), and painting (public trial)

Law Firm (LLC) B

Attorney C, D

May 10, 2018

A defendant shall be punished by imprisonment for not more than ten months and suspension of qualifications for one year.

except that the execution of the above imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

From December 2, 2014 to April 2016, the Defendant served as the representative of the Overseas Cooperation Division of “F,” which is a hospital marketing company located in the fourth floor of the Gangnam-gu Seoul building in Gangnam-gu, Seoul, and the Defendant’s wife G served as the head of the administrative branch of the “H-type department located in the first floor to the third floor above the above building and the third floor above the ground. G’s malfunction I and the victim JJ of the above hospital head operated the above hospital as a Dong business. On January 2016, the instant case was detained as a separate fraud, and the Defendant and the victim were bound by a separate fraud, and the Defendant was willing to install a distribution device in the victim’s computer monitor to respond to the victim’s damage.

Anyone shall be prohibited from censorship of mail, wiretapping telecommunications or recording or listening to conversations between others that are not open to the public, except pursuant to the provisions of Acts and subordinate statutes.

Nevertheless, on January 2016, the Defendant installed a distribution device to a computer monitor used by the victim in the lower court room located on the second floor of the above building, and on January 26, 2016, the Defendant acquired the victim’s computer monitors through the said distribution device from the Defendant’s office located on the fourth floor of the above building through the Defendant’s computer monitor.

Accordingly, the Defendant’s wiretappingd telecommunications instead of the provisions of the law.

1. Defendant's legal statement;

1. Statement to the Prosecutor's Office;

1. Fact-finding certificates and sound recordings of telephone conversations, and the contents of a Kakaotoo conversation and files and Kakaoooks;

1. A CD;

Application of Statutes

1. Article applicable to criminal facts;

Article 16(1)1 of the former Protection of Communications Secrets Act (amended by Act No. 15493, Mar. 20, 2018; hereinafter the same) and the main text of Article 3(1)1 of the former Protection of Communications Secrets Act (a point of recording conversations between others)

1. Discretionary mitigation;

Articles 53 and 55(1)3 and 55(1)5 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Suspension of execution;

Article 62(1) and (2) of the Criminal Act (In case of imprisonment, repeated consideration of favorable circumstances among the reasons for sentencing under the following subparagraphs)

Sentencing 1)

1. Scope of punishment by law: Imprisonment with prison labor for not less than six months but not more than five years and suspension of qualifications for not more than two years and not more than six months;

2. Determination of sentence;

The Defendant, using a computer monitor distribution device, learned the contents of the Kakakao Stockholm conversation with the victim. In light of the fact that the infringement of the victim’s privacy and freedom due to the method of crime, circumstances after the crime, and the development of electronic technology has emerged as a social issue, the liability for the crime cannot be deemed to be light.

However, the Defendant recognized the instant crime and reflects his fault. The Defendant was not subject to criminal punishment beyond a fine. The Defendant appears to have removed the distribution machine and thus the risk of recidivism is low.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, character and conduct, environment, and circumstances before and after the crime, and all the conditions of sentencing as shown in the arguments.

The presiding judge, the Gimology judge

Judges Kim Gin-young

Judges, Senior Jins

1) The offense of violating the Protection of Communications Secrets Act is not set the sentencing criteria.

2) Article 44(1) of the Criminal Act sets the lower limit of qualification suspension punishment for one year, and otherwise sets forth the matters concerning mitigation of the lower limit, unlike the fine.

does not appear.