Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

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, in order to track the movement of the victim B, who is the defendant's wife, around February 2018, the defendant collected location information of the victim's car without the victim's consent from the victim from around February 21, 2018 by attaching the GPS location tracking device (F, serial G) manufactured in E at the bottom of the victim's DW car owned by the victim, which was parked there, and by receiving the location information of the above vehicle through smartphone display (H) linked to the above location tracking device.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint;

1. Police seizure records;

1. Application of Acts and subordinate statutes to photographs at the time location tracking devices are discovered;

1. Relevant Article of the Act on the Protection, Use, etc. of Location Information regarding the facts constituting an offense and Articles 40 subparagraph 4 and 15 (1) of the Act on the Protection, etc. of elective Location Information;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant crime appears to have considerably undermined the victim’s right to privacy due to the instant crime, and the fact that the period of the instant crime reaches approximately six months is disadvantageous to the Defendant.

However, from January 10, 2019 to the divorce lawsuit with the defendant and the victim (the Jeonju District Court Branch 2018Dhap1000, 2018Dhap1017 (Counterclaim)), mediation was concluded on January 10, 2019 that the victim would cancel the criminal complaint against the defendant and not take criminal matters concerning this case. Since then, the victim would not want the punishment of the defendant, such as submitting a letter of withdrawal of the complaint to this court on February 15, 2019.