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(영문) 대구지방법원 2020.07.24 2020고합37
통신비밀보호법위반등
Text

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

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

Reasons

Punishment of the crime

1. No person who violates the Protection of Communications Secrets Act shall record or listen to conversations between others that is not open to the public;

Nevertheless, at around 18:30 on April 5, 2019, the Defendant tried to record the contents of conversation between the victim and the other party by installing a small tape recorder at the back seat of the victim who was in the previous relationship with the victim, and was parked on the front seat of the Cheongju-si, a Cheongju-si, with no consent of the victim, in order to verify whether the victim B, who was in the previous relationship with the victim, has been in contact with other persons. However, on April 21, 2019, the Defendant attempted to record the contents of conversation between the victim and the other party without consent of the victim.

2. At around 04:11 on April 11, 2019, the Defendant: (a) attempted to take the tape recorder installed on the vehicle of the victim (the age of 42) prior to sunset; (b) however, the victim did not open the vehicle door; (c) made the victim’s cell phone charging device on the vehicle of the victim; and (d) made the victim false statement that the victim was placed in the victim’s cell phone charging device on the vehicle of the victim; and (d) the Defendant sent a text message to the victim, stating that “I cannot do so without any filling. I will open up at the end of the four years of age to check the window window.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to text messages sent by the suspect to the complainants, photographs, photographs, and description of the photograph;

1. Relevant Article 18, Article 16(1)1, the main sentence of Article 3(1) of the Protection of Communications Secrets Act (the attempted recording of conversations between others that are not disclosed, and the concurrent imposition of imprisonment and suspension of qualifications as necessary) concerning criminal facts, and Article 283(1) of the Criminal Act (the occupation of intimidation and the choice of imprisonment)

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes shall be the scope of both crimes plus the long-term punishment of imprisonment provided for in the Protection of Communications Secrets Act with heavier punishment;

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