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(영문) 광주지방법원 2015.10.29 2015고단2946
통신비밀보호법위반등
Text

A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall record or listen to conversations between others that are not open to the public, and collect, use or provide the location information of an individual or mobile object without the consent of the individual or the owner of the mobile object, unless otherwise prescribed by Acts.

Nevertheless, on August 31, 2013, the Defendant, at the entrance of the parking lot for the “Seb apartment” located in the Yongsan-gu, Gwangju, Gwangju, installed one USB type tape recorder at the back seat of the victim’s car driver’s seat without the consent of the victim B, installed one location tracking device at the back seat of the back seat, recorded the victim’s conversation not disclosed by the 31st day of the same month, and collected the victim’s location information.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the suspect of the prosecutor and the police accused (including the replaced part);

1. Each statement made by the police against C and B;

1. Application of the Acts and subordinate statutes to the accusation book, recording book, USB tape recorder and location tracking recorder (Evidence List No. 24,30)

1. Selection of imprisonment with prison labor for a violation of the Act on the Protection, Use, etc. of Location Information under Article 16 (1) 1 or 3 (1) of the Protection of Communications Secrets Act, Article 40 subparagraph 4 or Article 15 (1) of the Act on the Protection, etc. of Location Information concerning Criminal Facts;

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

1. In light of the reasons for sentencing under Article 62(1) of the Criminal Act, it is necessary to strictly punish a person who is highly likely to infringe upon his/her private life and who is highly likely to engage in daily peace.

However, the defendant is recognized to commit a crime, and his depth is divided.

Furthermore, it is decided as per the Disposition in consideration of the fact that the defendant has no record of punishment for the same criminal record, and the defendant has agreed to do so in a separate civil trial procedure.

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