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(영문) 서울중앙지방법원 2019.10.04 2019고합431
통신비밀보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall record or listen to conversations between others that are not open to the public, and shall make public the contents of conversation known to him/her through such recording or listening.

1. On February 201, 201, the Defendant made a cell phone call with D, his father, at the home of the Defendant in Gangnam-gu Seoul and C, who was his father.

The Defendant completed the call with the Defendant and recorded the contents of the conversation between D and E by using the recording function of a cellular phone when the Defendant started dialogue between E and inherited property, which is the same life of the Defendant, without pressing the opening of the call.

2. On September 18, 2018, the Defendant made a recording at the Seoul Central District Court located at the Seocho-gu Seoul Central District Court at the Seocho-gu Seoul Central District Court at 157 (Schocho-dong), and submitted a recording of the conversations between D and E and made it public.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police about E (1, 2 times);

1. Application of Acts and subordinate statutes to petition a complaint (including Nos. 1 and accompanying documents), a transcript of recording (Evidence List Nos. 20), an investigation report (including attachment of a complaint and a copy of a judgment in civil procedure against a suspect, and accompanying documents);

1. Relevant provisions of Article 16(1)1 of the Protection of Communications Secrets Act and the main sentence of Article 3(1)2 of the same Act concerning criminal facts, and Article 16(1)2 of the Protection of Communications Secrets Act (the point of disclosing conversations between others);

1. Of concurrent crimes, the punishment of imprisonment and suspension of qualifications for each concurrent crime provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating the punishment of imprisonment and suspension of qualifications for a crime of violation of the Protection of Communications Secrets Act, which

1. Mitigation of discretionary mitigation under Articles 53, 55(1)3 and 55(1)5 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. The reason for sentencing under Article 59(1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”) of the suspended sentence;

1. The scope of applicable sentences under the law: Imprisonment with labor for up to six months up to seven years.

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