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(영문) 대구지방법원 서부지원 2012.12.07 2011고단1717
통신비밀보호법위반
Text

The accused shall publicly announce the summary of the judgment of innocence.

Reasons

1. No person charged with the conduct censorship of mail, wiretapping of telecommunications, or recording or listening to conversations between others that are not open to the public, without recourse to the Protection of Communications Secrets Act and the Criminal Procedure Act;

From around August 1998, the Defendant is a person working as the head of the Daegu Regional Headquarters E (hereinafter referred to as the “head of the subdivision”) of the FF Trade Union from August 2006 to August 2006 while serving as a taxi driver in E-company of the D Representative Operation (hereinafter referred to as “E”) of the Daegu Regional Headquarters E (hereinafter referred to as “head of the subdivision”).

Of the taxi drivers working in the above E, the Defendant classified those who are not the persons who physically substitute the Defendant, and took a mind to install CCTV and tape recorders in order to identify who wish to run in the election of the head of the train branch among the taxi drivers and his attitude.

Accordingly, around June 30, 2010, the Defendant, at the above E’s rest room, installed in the said E’s rest room by linking one CCTV camera and one tape recorder with each other, and had operated the said CCTV camera and tape recorder from May 23, 201, recorded and heard the conversations between G and H, which were sent through the tape recorder installed in the said employees’ rest room on April 20, 201.

Accordingly, the Defendant recorded and heard conversations between others that are not open to the public.

2. Determination

A. The Defendant and his defense counsel asserted that, around June 30, 2010, he installed a CCTV camera, which is a video recording device, along with the tape recorder, but around July 4, 2010, the Defendant suspended the operation of the tape recorder by cutting the tape recorder with 1 joints connected to the tape recorder, and that, on or around July 4, 2010, the Defendant did not record or listen to the conversations between G and H in the employees’ rest room as stated in the facts charged.

B. Therefore, the Defendant was established in the membership store around April 20, 201.

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