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(영문) 의정부지방법원 고양지원 2016.10.07 2016고합136
통신비밀보호법위반
Text

A defendant shall be punished by imprisonment for not less than eight months and suspension of qualifications for one year.

However, the above imprisonment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant worked as U.S. dollars in the “D”, a foundation located in the State of Pakistan, and the D employees had recorded the examination questions about D representative director E, and had them receive mind to offer them to E.

No person, despite having recorded a conversation between others that is not open to the public, the accused,

1. On May 14, 2015, around 09:00 to 18:00, a small tape recorder was installed in the first floor office of the building underground in the above Ddong building, and recorded conversations that are not disclosed by F, G, H, I, and J.

2. Around 09:00 to 18:00 on May 18, 2015, recording in the same place as described in the foregoing paragraph 1, G, F, J, K, H, I, and J, in the same manner as described in the foregoing paragraph 1.

3. On May 28, 2015, around 10:15-18:00, at the same place as described in the foregoing paragraph 1, recording of conversations that are not disclosed by G, F, J, K, H, I, and J in the same manner as described in the foregoing paragraph 1.

4. On May 2015, at the same place as described in the foregoing paragraph 1, between seven hours and forty-seven minutes, recording of a conversation not disclosed by G, F, J, K, H, I, and J in the same manner as described in the foregoing paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Investigation report (No. 4 No. 5)

1. Written complaints filed against L, J, G Preparation, and L Preparation and Supplementary Statements;

1. Application of Acts and subordinate statutes on recording;

1. Articles 16(1)1 and 3(1) of the Protection of Communications Secrets Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the severe penalty on May 2015, 201), among concurrent crimes, the penalty provided for in the Protection of Communications Secrets Act;

1. Mitigation of discretionary mitigation under Articles 53, 55(1)3 and 55(1)5 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of punishment by law: Imprisonment with prison labor for not less than six months but not more than seven years and suspension of qualifications for not more than three years and not more than September;

2. The scope of the recommended sentencing criteria according to the sentencing criteria is not set; and

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