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(영문) 수원지방법원 안산지원 2018.05.11 2018고정161
위치정보의보호및이용등에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No one shall collect, use, or provide location information on an individual or mobile object without the consent of the individual or the owner of the mobile object.

Nevertheless, on February 2015, the Defendant attached a location tracking device (design name: SOREM) capable of collecting location information in the space where DNAS passenger cars are kept in a string line, which is used by the above C, to identify the moving route and location of C, who is the husband, and collected location information of the object which is movable by receiving such location information from the Defendant’s cell phone to the mobile phone without the Defendant’s consent.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to terminal pictures of location tracking;

1. Article 40 of the relevant Act on the Protection, Use, etc. of Location Information regarding criminal facts and Article 40 subparagraph 4 of the Act on the Protection, etc. of elective Location Information (Selection of Penalty) and Article 15 (1) of the same Act;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of not less than Article 59(1) of the Criminal Act (such as the background of the crime, the fact that there is no criminal record, and the fact that it is against the depth) of the suspended sentence.

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