logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2015.10.21 2015고합35
통신비밀보호법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months and suspension of qualifications for two years.

However, the above imprisonment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who violates the Protection of Communications Secrets Act shall be prohibited from recording or listening to conversations between other persons that are not open to the public, and any person who intends to manufacture, import, sell, distribute, possess or use wiretapping equipment or make an advertisement for such conversations shall obtain authorization therefor from the Minister of Science, ICT and Future Planning;

Nevertheless, the Defendant, at around January 2015, entered the F Office and G Czeman vehicles located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si without the approval of the Minister of Science, ICT and Future Planning, and listened to conversations between police officers and fire officers in the name-fighting communication network (S/NC) and other people, which are not disclosed in a way to listen to theless contents of the conversation between the police officers and fire-fighting officers, without obtaining the approval of the Minister of Science, ICT and Future Planning. The model name: KG-UV1P (S/NC), model name:UV-5R (S/ND).

Accordingly, the defendant possessed and used the wiretapping equipment without obtaining approval from the Minister of Science, ICT and Future Planning, and listened to conversations between others that are not open to the public.

2. Any person who intends to establish a radio station in violation of the Radio Waves Act shall obtain permission from the Minister of Science, ICT and Future Planning;

Nevertheless, from January 2015, the Defendant established a radio station by establishing two non-electric sources (based on model name: KG-UVD1P (S/NC), model name: UV-5R (S/ND) as above at the time, place, etc. described in paragraph (1) from around January 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant statutory provisions concerning criminal facts and Articles 16(1)1 and 3 of the Protection of Communications Secrets Act (the points of wiretapping of telecommunications), Articles 17(1)4, 10(1) of the Protection of Communications Secrets Act (the point of using unauthorized wiretapping equipment, the point of using imprisonment, the choice of imprisonment), Articles 84(1) and 19(1) of the previous wave Act.

arrow