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(영문) 인천지방법원 부천지원 2017.02.08 2016고단3236
위치정보의보호및이용등에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Protection and Use of Location Information;

A. On March 7, 2014, the Defendant purchased and kept location tracking devices in D'D near Mapo-gu Seoul Mapo-gu Seoul metropolitan area, and collected personal location information of E from June 2015 to January 30, 2015, at the 309 underground parking lot of approximately 22:0 of Jun. 6, 2014, approximately 3:333 Do-dong, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, 309, without the consent of women E, by attaching a location tracking device prepared in advance on the back of the back of the passenger-learning car owned by E without the consent of women E.

B. On October 10, 2015, the Defendant purchased and stored the location tracking device in the “D” and collected E’s personal location information without permission from around 22:00, the 309 underground parking lots located in the 22:0 Jung-gu, Jin-gu, Jin-gu, Seoul, and the 309 underground parking lots located in the E, without the consent of E, from around March 2016.

(c)

The Defendant, like the foregoing B, kept a location tracking device recovered from the E car, was collected from G’s personal location information without permission until July 11, 2016 by attaching a location tracking device on the G-owned HM car at the 4 Dong community service center of Seo-gu Incheon, Seo-gu, Incheon around June 2016, at around 23:00.

2. 성폭력범죄의 처벌 등에 관한 특례법위반( 통신매체이용 음란) 피고인은 2016. 7. 10. 22:54 경 김포시 I 소재 피고인의 집에서, 핸드폰 카메라로 성기를 촬영한 후 전 내연 녀인 피해자 E( 여, 당시 54세) 의 휴대폰으로 전송하고, 2016. 7. 18. 경 피해자의 휴대폰으로 “ 지금 뻘 딱 슨 거 보내주리

The Defendant sent the Defendant’s sexual picture with the word “,” and sent the Defendant’s sexual picture in the same manner as on July 22, 2016.

Accordingly, the defendant sent pictures and comments that cause sexual humiliation and aversion to the victim three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of each police statement protocol with respect to E.

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