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(영문) 인천지방법원 2021.02.26 2020고단8484
통신비밀보호법위반등
Text

A defendant shall be punished by imprisonment with prison labor for one year and suspension of qualifications for two years.

However, the defendant for a period of three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant and the victim B, from August 2016 to February 2020, provided teaching services.

person is a person.

1. On March 23, 2019, the Defendant: (a) sought the victim’s house located in Incheon-gun Incheon-gun, where the victim did not contact; and (b) sought from the mother of the victim that the victim would return to the house; and (c) was able to intrude into the victim’s house.

Accordingly, the Defendant, at around 08:50 on the same day, went through the window of public stairs between the 2nd floor and the 3rd floor above the above house, knife iron railing outside the above house, went out to the outside part of the air-conditioner room, and intruded the victim's residence.

2. No person shall record or listen to conversations between other persons that is not open to the public without recourse to the Act on the Protection of Communications Secrets, the Criminal Litigation Act or the provisions of the military court Act.

Nevertheless, at around June 2017, the Defendant: (a) installed a tape recorder, which automatically recorded the voice under the contact room, and recorded the contents of telephone conversations between B and B, and the non-name-friendly relationship between B and B.

Accordingly, the Defendant recorded a conversation between others that is not open to the public.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to report the investigation of the complainant's internal photographs outside his/her house of the police statement protocol against B, and the internal photographs of the complainant's room (Submission of such files, written applications, etc.);

1. Relevant legal provisions concerning facts constituting an offense, Articles 16(1)1 and 3(1) of the Protection of Communications Secrets Act (the point of recording conversations between others), and Article 319(1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and 3, and Article 50 of the same Act (the punishment for concurrent crimes shall be aggravated within the extent aggregated with the long-term punishment for the above two crimes, and suspension of qualifications shall be concurrently imposed);

1. Article 62(1) of the Criminal Act on the suspension of execution (with respect to imprisonment);

1. Protection observation;

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