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(영문) 서울북부지방법원 2018.07.13 2018고합164
통신비밀보호법위반등
Text

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

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

Reasons

Punishment of the crime

1. No person who violates the Act on the Protection of Communications Secrets shall record or listen to conversations between others that are not open to the public without recourse to the provisions of the Act on the Protection of Communications Secrets, criminal litigation or military court law;

Nevertheless, for the purpose of preparing materials in preparation for a lawsuit for raising children against the victim B, the Defendant installed a Do office in the Do office in Jung-gu Seoul Central District Office C 201, which is the victim’s residence on May 2017, and listened to and recorded conversations between the victim and his/her family members, without the victim’s consent. On July 2017, 2017, the Defendant installed a tape recorder on the front door of the victim’s residence and recorded the contents of conversations between the victim and his/her family members and recorded the contents of conversations between the victim and his/her family members in the same manner on August 11, 2017.

Accordingly, the defendant recorded a conversation between the victim who was not disclosed and his family members.

2. On March 17, 2017, the Defendant sent a written message to the victim B using a cell phone at an insular place in order to carry out the Defendant’s intent in a lawsuit claiming bringing-up of a child, and sent the victim B a text message using the Defendant’s text message “to know to D the damaged party D about the subject of the examination.” The Defendant sent the victim a text message using the Defendant’s text message “Kakao Kao Stockholm,” which is an initial connection screen of D’s SNS, in the form of text message, as indicated in the list of crimes in the attached Table, 12 times in total.

Accordingly, if the defendant does not take the defendant's demand in a lawsuit claiming child care, the defendant threatened the victim in a manner that seems to inform the victim of the same content as the contents written in the text message to the surrounding people.

Summary of Evidence

1. The defendant's person;

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