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(영문) 수원지방법원 2015.07.09 2015고합260
통신비밀보호법위반
Text

A defendant shall be punished by imprisonment for six months and suspension of qualifications for one year.

However, the above imprisonment for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Protection of Communications Secrets Act - The Defendant, who recorded undisclosed conversations between others, was aware of the appearance of E, the spouse of C and C, who is an employee of the D company represented by C, and was willing to record two people’s conversations.

On June 13, 2014, at around 02:00, the Defendant recorded a recording machine in C and E’s front 7 vehicles FK7 vehicles of C, and recorded C and E’s dialogue.

B. Around 02:00 on June 27, 2014, the Defendant recorded the conversations between C, E, and E in the said manner.

C. Around 01:00 on July 11, 2014, the Defendant recorded the conversations C and E in the said manner.

The defendant recorded a conversation between others that is not open to the public.

2. Violation of the Protection of Communications Secrets Act - Disclosure of conversations between others undisclosed to the public.

A. On July 7, 2014, the Defendant submitted a written complaint for divorce lawsuit at Suwon District Court 2014ddred 503537, and submitted a record recording stating the contents of the recorded conversation, such as paragraphs 1(a) and 1(b), as a document attached thereto.

B. On September 3, 2014, the Defendant submitted a preparatory document of the above divorce lawsuit, and submitted a record of recording, as set forth in paragraph (c) of Article 1.

In this respect, 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. Defendant's legal statement;

1. A complaint;

1. The complaint for related divorce lawsuit, the judgment on relevant divorce lawsuit, and the preparatory documents on relevant divorce lawsuit;

1. The police statement of E and G;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 10, 13);

1. Articles 16(1)1 and 16(1)2 and 3(1) of the Protection of Communications Secrets Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds) is as follows.

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