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(영문) 수원지방법원 안산지원 2020.06.12 2020고합56 (1)
통신비밀보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the head of the flag team in charge of affairs, such as machinery, equipment, electricity, etc., of the "C" located in Ansan-si, and the employee belonging to the above building management office, and the co-defendant prior to D is the head of the management office of the above building management office.

1. No person who violates the Protection of Communications Secrets Act (joint crime committed by the accused and D) shall record or listen to conversations between others that are not open to the public;

Nevertheless, D around April 2019, at the “C” management office located in the Dong-gu, Ansan-si, a member of the Dong-gu, an Ansan-si, installed a tape recorder at the conference room of the above building E-head of the building to listen to the meetings of emergency countermeasures committee members, such as F, etc., the resident of the above building, and conspired in order to install a tape recorder in order to enable the defendant to install a tape recorder through the team G.

D Around April 2, 2019, through online shopping mall, purchased a recording machine, and then dried the Defendant. Around April 24, 2019, the Defendant attempted to record or listen to the contents of the meeting by installing one of the said recording machine, which was dried from D, in the door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, but the recording function was not operated properly.

Accordingly, the defendant and D conspired to record and attempted to record conversations between others not open to the public.

2. On April 24, 2019, the Defendant entering a structure, as described in paragraph 1, entered the building up to “C” underground floor conference room located in Ansan-si, a member of an Ansan-si, for the purpose of installing a tape recorder, and intrudes on the structure.

Summary of Evidence

1. Defendant's legal statement D's legal statement;

1. The police statement concerning F;

1. A statement of F and H;

1. A certificate of G and I;

1. Records of seizure and the list of seizure;

1. Report on the occurrence of a structure, on-site photographs, report on inspection results of illegal wiretapping equipment, photographs, C management office maps, and work logs at the time of discovery of recording equipment;

1. Application of the Act and subordinate statutes to investigation reports (K’J’s statement) and investigation reports (verification of the course of purchase of seized articles)

1. Relevant Articles of the Act concerning the facts constituting the crime;

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