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(영문) 전주지방법원 군산지원 2016.05.26 2016고합36
통신비밀보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall record or listen to conversations between other persons that are not open to the public without recourse to the Act on the Protection of Communications Secrets, criminal litigation or military court law.

Nevertheless, the defendant was his spouse.

C and D are in an inhumanous relationship.

For doubt and use as evidence of a divorce action with C:

(a) on August 28, 2015, install a small tape recorder under CF-Am for a car parking lot located in the Gunsan-si, Simsan-si, and record C and D dialogues within the said car on the same day;

B. A around August 31, 2015, at the places indicated in C A, a small tape recorder was installed under C’s order to set up a small tape recorder and recorded C and D dialogues in the said passenger car on the same day.

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

Summary of Evidence

1. Statement of the defendant in the first trial record in the previous Jeju District Court's Militarysan Branch 2015 High Court's order 1230 cases;

1. Each police statement made with respect to C and D;

1. Copy of a record;

1. Application of Acts and subordinate statutes to ultra-small tape recorderss;

1. Article 16 (1) 1 of the Act on the Protection of Communications Secrets and the main sentence of Article 3 (1) of the same Act concerning criminal facts;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes with the punishment prescribed in the crime of violating the Protection of Communications Secrets Act, whichever is heavier, on August 31, 2015);

1. Article 53, Article 55 (1) 3, and Article 55 (1) 5 of the Criminal Act (The following favorable circumstances among the grounds for sentencing)

1. Six months of imprisonment to be suspended and one year of suspension of qualifications;

1. Reasons for sentencing under Article 59(1) of the Criminal Act (the following grounds for sentencing) of the suspended sentence

1. The scope of punishment: Imprisonment for not more than six months but not more than seven years and suspension of qualifications for not more than three years and not more than nine months;

2. The sentencing guidelines are not set for a crime that is subject to the decision of sentencing. The crime of this case is committed without permission by the defendant between the remaining spouse who is doubtful of the appearance of his spouse and the third party.

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