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(영문) 서울동부지방법원 2018.10.18 2018고합81
통신비밀보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendant's exercise of the right of defense, part of the facts charged was revised in accordance with the evidence relationship.

No person shall record or listen to conversations between others that are not open to the public, and shall make public or divulge the contents of such communication or conversation which he/she has learned.

Nevertheless, on May 11, 2016, the defendant was in possession of a D office where he works for the defendant in Busan-gun C.

After operating a tape recorder, recording conversations between E, F, and G is made in the absence of the defendant, and around December 6, 2017, at the Seoul Central District Court located in Seocho-gu Seoul, Seocho-gu, Seoul, against H, a company operating the above rest area, the Seoul Central District Court 2016 submitted as evidence a recording recording of the conversations between E, F, and G as above in relation to the claim for damages as set forth in No. 573972.

Accordingly, the defendant recorded a conversation between others that is not open to the public, and disclosed the contents of the conversation that he learned.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaints and accompanying materials prepared by E;

1. Application of Acts and subordinate statutes to an investigation report (report on confirmation of date and time of crime);

1. Article 16 (1) 1, Article 3 (1) (a) of the Act on the Protection of Communications Secrets (a point of recording conversations between others) concerning criminal facts, Article 16 (1) 2, Article 16 (1) 1, and Article 3 (1) of the Act on the Protection of Communications Secrets (a point of disclosing conversations between others);

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes stipulated in a crime of violating the Protection of Communications Secrets due to recording of conversations between other persons with heavy circumstances);

1. Article 53, Article 55 (1) 3, and Article 55 (1) 5 of the Criminal Act (The following favorable circumstances among the grounds for sentencing)

1. Six months of imprisonment to be suspended and six months of suspension of qualifications;

1. Article 59(1) of the Criminal Act of the suspended sentence (the following grounds for sentencing)

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