Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant lives without a certain occupation and is currently attending the third grade of the three-year university, and the complainant B is under a divorce lawsuit between husband and wife.
1) No person shall collect, use, or provide the location information of an individual or mobile object without the consent of the individual or the mobile object.
Nevertheless, the Defendant: (a) purchased the location tracking device of the D company from a person whose name was known on the Internet on January 2, 2016 or around February 2, 2016, to obtain evidence to verify the relationship between his/her spouse and his/her spouse; and (b) confirmed the location of the victim on April 20, 2016 by attaching a location tracking device to the complainant, or without any consent, on April 20, 2016, if the complainant resides in Namyang-gu, E apartment 216 Dong 1, 2Ra-dong 216, and 2D, and attached it to the back part of the FF vehicle owned by the complainant on April 22, 2016. (c) On May 31, 2016, the Defendant identified the location of the victim by posting it on the front part of the instant vehicle owned by the complainant at the same place as the foregoing paragraph (d).
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Statement of the complainant;
1. Data on trial search by the Supreme Court;
1. The application of Acts and subordinate statutes to photographs of video CDs - photographs attached to location tracking devices, photographs attached to tracking devices, and photographs taken by the victim at around 15:00 on June 15, 2016 to 16:00 by carba, where the victim brings a location tracking device;
1. Article 40 of the relevant Act on the Protection, Use, etc. of Location Information regarding the facts constituting an offense and Article 40 subparagraph 4 of the Act on the Protection, Use, etc. of Specific Location Information (Selection of Penalty) and Article 15 (1) of the same Act;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;