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(영문) 전주지방법원 2017.11.10 2017고합209
통신비밀보호법위반
Text

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

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall record or listen to conversations between others that are not open to the public, except as prescribed by Acts, such as the Protection of Communications Secrets, etc.

Defendant

B was an employee of the external producer production company who is a KBS broadcast program, and Defendant A was an employee working in the “E”F, and the Defendants conspired to record the conversations between others that are not disclosed to gather “B” as the subject of the “E”G.

Defendant

B around January 8, 2017, at the center of “F” office operated by Defendant A, an employee of the above office, provided the Doro microphone, and “B” (hereinafter “F”) supplied the Doromeras to Defendant A with the Doromeras, “The Doromeras shall be placed in the Dorogate, cover with the Doromeras, cover with the Doromeras, and then divide the Doromeras into the Doromeras, and then divide the Doromeras into the Doromerase with the Doromeras, and then divide the Doroas into the Doromeras. After that, Defendant A shall enjoy all the machinery connected to the Karoas and take the Doromeras, and around 11:30 on January 11, 2017, Defendant B installed the above Doromeras in accordance with the foregoing direction at the above office and installed the Doromeras, from around 10:30 on the 14th of the Doro.

Accordingly, the Defendants conspired to record the conversations between others that are not open to the public.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to I, K, L, and J;

1. A recording file, recording book, or recording copy;

1. On-site photographs, equipment photographs used for committing crimes, and the details of text messages;

1. Application of Acts and subordinate statutes to each chief complaint and each investigative report;

1. Article 16 (1) 1 and 3 of the Act on the Protection of Communications Secrets, Article 30 of the Criminal Act concerning facts constituting an offense;

1. Reduction of a small amount of punishment under Articles 53, 55 (1) 3, and 5 of the Criminal Act (The following favorable circumstances among the grounds for sentencing);

1. Article 62(1) of the Criminal Act (the following sentencing) of the suspended sentence.

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