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(영문) 서울동부지방법원 2019.10.18 2019고정827
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant was a person who, on September 20, 2015, posted a marriage ceremony on September 20, 2015 with the victim B and had a de facto marital relationship from May 2018.

No one shall damage another person's information processed, stored, or transmitted through an information and communications network, or infringe, misappropriate, or divulge another person's confidential information.

1. On January 2016, 2016, the Defendant used the Defendant’s home located in the Seoul Special Metropolitan Gwangjin-gu Seoul Special Metropolitan City building C North Korea, which is linked to the Internet, which is an information and communications network, infringed upon the Defendant’s secrets by viewing the E message sent and received by B with F and photographing it with the Defendant’s cell phone without the aforementioned B’s consent.

2. On June 2018, at the place specified in paragraph 1, the Defendant violated the Defendant’s confidential information stored in the information and communications network by gathering the mobile phone of B without the consent of the said B, and by viewing the E message, G message, H information, and I details given and received around that time, and photographing it with the Defendant’s mobile phone.

3. On June 27, 2018, the Defendant filed a lawsuit for an unfair destruction of a de facto marriage with the Seoul Family Court located in Seocho-gu Seoul, Seoul, and divulged another’s secret stored by an information and communications network by submitting a written complaint to the Seoul Family Court, along with the E message, etc. previously taken in the Defendant’s cell phone, as described in paragraphs 1 and 2.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A copy of the complaint of a case of destruction in de facto marriage (number 8);

1. Application of Acts and subordinate statutes to the accusation (including each E message, the details of the dialogue, and information on the H account);

1. Article 71 (1) 11 and Article 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Selection of fines concerning facts constituting a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

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