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(영문) 대전지방법원 2020.09.18 2020고합260
통신비밀보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a public official of the C University affiliated with Daejeon Sung-gu, Daejeon, and is a same employee D, E, and F.

1. On March 11, 2020, the Defendant, in violation of the Protection of Communications Secrets Act, recorded a conversation between the above D and E in a line under the supervision of the above university G Gdong, by using a recording function of ON7 smartphones owned by the Defendant, and recorded a conversation between the above D and E, and was not disclosed to the public.

2. On March 19, 2020, the Defendant, in violation of the Protection of Communications Secrets Act, divulged the contents of conversation known to him by transmitting the file recorded, as described in paragraph (1), to Kakao Stockholm, at a place where the location is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation reports (part of the conversation details of audio-recording files), investigation reports ( listening to the situation at the time of recording from the E of a reference witness), investigation reports (Listening to the statement of a reference witness);

1. Application of Acts and subordinate statutes on sound recording files CDs;

1. Article 16(1)1 and Article 3 of the Protection of Communications Secrets Act relating to the relevant criminal facts; Articles 16(1)2 and 16(1)1 and 3 of the Protection of Communications Secrets Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes prescribed by the Protection of Communications Secrets Act due to the divulgence of contents of conversations between others with more severe crimes);

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

1. The reason for sentencing under Article 59(1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”) of the suspended sentence;

1. Scope of punishment by law: Imprisonment with prison labor for not less than six months nor more than five years, and six months to two years and six months of suspension of qualifications;

2. Scope of the recommended sentencing criteria: The fact that the sentencing criteria are not set.

3. Following the decision of sentence, the age, character and conduct, environment, details of the crime and circumstances after the crime are committed.

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