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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 24, 2019, the Defendant: (a) purchased and stored in the lower part of the lower part of the back end of the driver’s seat of the victim C’s Dopool car in the Seo-gu Incheon apartment apartment B, Seo-gu, Incheon; (b) “ApPS location tracking device (F)” and installed a “G Dopop case on the Defendant’s smartphone.”
Since then, until February 7, 2020, the Defendant received the location information of the victim through the above loan application.
Accordingly, the defendant collected and used personal location information of the victim without the consent of the victim who is a personal location information subject.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to report (specific period of crime) the investigation into and reporting on the location tracking devices of police statements made by the police Kakao Stockholm conversation with C, photographs and E replys;
1. Article 40 of the relevant Act on the Protection, Use, etc. of Location Information regarding criminal facts and Article 40 subparagraph 4 and Article 15 (1) of the Act on the Protection, etc. of elective Location Information, and Selection of imprisonment or imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation lies in that the defendant's mistake is divided and does not repeat again.
The Defendant paid considerable damages to the victim and agreed to do so.
There are no criminal records for the defendant, and there are no criminal records for the suspension of the execution of imprisonment without prison labor for not more than ten years.
Other punishment shall be determined by comprehensively taking into account the various circumstances shown in pleadings, such as the defendant's age, sex, environment, motive and background leading to the crime, period of the crime, and circumstances before and after the crime.