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(영문) 광주지방법원 순천지원 2019.10.17 2019고합126
통신비밀보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the head of the C Hospital Postnatal Care Center in the summer-si B, and D is the person who works for the Postnatal Care Center as an assistant nurse in the aforesaid Postnatal Care Center.

1. Anyone shall be prohibited from censorship of mail, wiretapping telecommunications, providing communication confirmation data or recording or listening to conversations between others that are not open to the public, without recourse to the provisions of Acts, such as the Protection of Communications Secrets Act;

On December 7, 2018, at around 09:43, the Defendant: (a) 09:43, the Defendant walked a mobile phone to D for about 10 minutes; and (b) took part in a conversation with D, but he thought that D continued to make a continuous telephone, and (c) came to know that D was able to take part in D’s desire to take part in D’s phone, and that D’s desire to take part in D’s phone with the knowledge that D’s phone was cut.

At around 09:53 on the same day, the Defendant recorded D’s husband’s conversation with D, “I am son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.”

2. No one shall disclose or divulge the contents of conversations he/she has become aware of by violating the provisions of the Protection of Communications Secrets Act, etc.;

Nevertheless, on December 2018, the Defendant disclosed the recorded contents to E, the nursing director, as in paragraph 1, at the early hospital C Hospital, as the Defendant opened to the public.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 16(1)1 of the Protection of Communications Secrets Act, the main sentence of Article 3(1) (the point of keeping a closed conversation between the third parties) concerning criminal facts, Article 16(1)2 of the Protection of Communications Secrets Act, and the main sentence of Article 3(1)2 of the same Act (the point of disclosing the content of conversation between the third parties);

1. Contents of conversation between others with heavy crimes of Article 37 (former part), Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;

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