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(영문) 부산지방법원 2012.6.1.선고 2012고단3048 판결
통신비밀보호법위반
Cases

2012 Highest 3048 Violation of the Protection of Communications Secrets Act

Defendant

1. An outline, ○, or other defendant;

Residence Busan Northern-gu

Gyeong-nam District, Gyeong-nam District

2. Sexual ○○ and the Company Board;

Residence Busan Northern-gu

Original domicile Busan Northern-gu

Prosecutor

Full-time officer (prosecution) and full-time officer (trial)

Imposition of Judgment

June 1, 2012

Text

Defendants shall be punished by imprisonment for eight months and suspension of qualifications for one year.

However, the execution of each of the above imprisonment with prison labor against the Defendants is suspended for a period of two years from the date this judgment became final and conclusive. Nos. 3, 5 through 8, 11 through 14, 17 through 20, 29 through 34, and 21 through 28, which were seized from the Defendant’s sex ○○○, shall be confiscated.

Reasons

Criminal History Office

1. The defendant's outline 00

Anyone shall be prohibited from censorship of mail, wiretapping of telecommunications or recording or listening to conversations between others that are not open to the public without recourse to the provisions of Acts, such as the Protection of Communications Secrets Act, etc.

Nevertheless, the Defendant operated the 00, Kim 00, Kim 00, Kim 00, Kim 00 as a funeral driver in Busan Northern-gu and operated the funeral business with the trade name of '○○○○○○○○'. On May 201, the Defendant: (a) installed Kim ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, which is one’s dwelling; (b) installed an AR8200 U.S. unit (119 networks) where an encrypted chip, which is inside the 119 network, was removed; (c) installed at the 00, KG659 (Fire Network), which is an exclusive connection system, and installed at the 100,000 or more of the 10,000 U.○○○○○○○○○○○○○○○.

Around 21:00 on December 6, 201, 201, ○○○○○○○○○○○○, parked on a road located in Busan Northern-gu, Busan, and listened to an emergency and structural order stating that “any person sent by the 119 fire headquarters using a mobile phone installed inside the vehicle does not break away,” and later, this ○○○ and Sung○○○ was parked on the road located in Busan ○○○○○○○○○○○○, located in the vehicle located in the vehicle located in the vehicle located in the vehicle of the 119 fire headquarters from December 22, 201 to May 13, 201.

Accordingly, the Defendant, in collusion with Lee○-○, Kim○-○, Lee○-○, Sung-○, Sung-○, Kim○-○, et al., wiretappinged telecommunications without statutory provisions.

2. Defendant sexual intercourse ○○

Anyone shall be prohibited from censorship of mail, wiretapping of telecommunications or recording or listening to conversations between others that are not open to the public without recourse to the provisions of Acts, such as the Protection of Communications Secrets Act, etc.

Nevertheless, the Defendant, while operating a funeral business with the trade name called '○○○○', employing ○○○ as a driver of the road in Busan Northern-gu. On July 201, the Defendant: (a) installed one-time situation room equipped with equipment necessary for the wiretapping and delivery of fire fighting fighting teams, such as a mobile phone with an AR820-free electricity (119 networks) and a generalless electricity-W32A-1 and an automatic connection system, where the instant AR8200-free electricity, which is the place of his father’s residence, located in Busan Northern-gu, Busan 00, which is the place of his father; (b) installed a ○○○○○○-gu, Busan 119 fire fighting headquarters at the same time as ○○○-gu, Busan, which is the place of his fire fighting headquarters; and (c) installed a mobile phone with the head of Busan 19-gu, 201-21 through 13, 2011.

The person waiting in the nearest place by wiretappinging the truth was promptly called out, transferred the body of the person other than the accidentr, such as the body of the body of the body of the person in the accidentr, the body of the body of the body of the body to the funeral hall, and the bereaved family, etc. was

Park Jong-○, on November 20, 201, parked on the road located in Busan Northern-gu 000 Busan, around 200, pursuant to emergency order and order of rescue: (a) within the 119 fire headquarters using a mobile phone installed inside the vehicle, the patient was transported from the 119 fire headquarters to the scam or the scambling of the scam, and the patient was informed of cardiopulmonary resuscitation at 000 hospital; (b) around 13:00 on December 13:00, the patient was parked on the road located in Busan Northern-gu 00, which was parked on the road located in Busan Northern-gu 00, including the presumption of death, the presumption of death on the road, the police scambling of the 119 fire headquarters, and the rescue of the defendant and the 1.3 01 scambling of the scam and the 1.7 scambling of the 201.

Accordingly, the Defendant, in collusion with Park ○○, dissected telecommunication instead of the provisions of the law.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police's protocol of interrogation of the suspect about Lee○○, Kim○, Lee○, Lee○, Kim○, Sung-○, and Park○○, and each police's protocol of interrogation of each police officer about Lee○○, Kim○, and Park Jong-○;

1. Certification of the Busan Radio Waves Control Office;

1. Each protocol of seizure and the list of seizure;

1. Each photograph;

Application of Statutes

1. Article applicable to criminal facts;

Defendants: Articles 16(1)1 and 3(1) of the Protection of Communications Secrets Act; Article 30 of the Criminal Act

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Suspension of execution;

Defendants: Article 62(1) and (2) of the Criminal Act (i.e., confession and reflect)

1. Confiscation;

Defendants: Article 48(1)1 of the Criminal Act

Judges

Judge Yang Sung-nam

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