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(영문) 창원지방법원 마산지원 2013.04.10 2012고단677
통신비밀보호법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim C and legal marital relationship, and is in a divorce lawsuit with the victim.

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;

On August 201, the Defendant tried to record a conversation between others that is not open to the public by installing a tape recorder in order to record conversations with other persons after the driver's seat of the victim C's E-5 tons of truck on a non-road in the Haak-gun, Hagu, Hanam-gun, Hanam-gun, the Defendant attempted to record the conversation with other persons. However, on the day following the installation, the Defendant attempted to record the conversation with the victim.

2. Defamation;

A. On August 201, 201, the Defendant: (a) made a telephone call with the head of the management division of the said G, who was a victim C, working in the F of the Hanam-gun, Haban-gun; and (b) did not have committed any other female scarb with the victim; (c) thereby, the Defendant undermined the victim’s reputation by openly pointing out false facts by stating that “The Defendant: (a) requested the center to have access to a restaurant and inn with another female on a five-ton truck driven by C to secure evidence of non-humane facts, such as video tapes, photographs, recording, etc.”

B. On January 1, 2012, the Defendant, while making a telephone call with the head of the management division of the above G, who was a victim C, working in the Hannam-gun F of the Handong on the early Gyeong-gun, the Defendant: (a) did not have committed any act with another female, and (b) did not have any act with the victim; (c) thereby, the Defendant injured the victim’s reputation by openly pointing out false facts by stating that “C has all the circumstances and evidence of the non-wheeled phone fee of the KT Company, which is the towing workplace

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes governing witness C and H’s respective statutory statements;

1. Articles 18, 16(1)1, and 3(1) of the Protection of Communications Secrets Act concerning facts constituting an offense, and Article 307(2) of the Criminal Act (Appointment of imprisonment with prison labor for a crime of defamation);

1. Aggravation for concurrent crimes;

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