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(영문) 수원지방법원 2016.11.03 2016고정1150
위치정보의보호및이용등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall collect, use, or provide location information on an individual or mobile object without the consent of the individual or the owner of the mobile object.

Nevertheless, in order to favorable divorce proceedings with the wife victim C, the Defendant: (a) attached the location tracking device on the lower part of the wife to check the location of the wife to the apartment security guards of the apartment in order to verify whether the wife has a relationship with another male; and (b) delivered the location tracking device and money to the wife; and (c) consented to the issuance of the location tracking device and money; and (d) thereby, the Defendant and D conspired to commit a crime.

On December 2, 2015, the Defendant, at his house of Suwon-si, Suwon-si, Suwon-si, 403, 503, 403, 503, carried a location tracking device to D, attached it to the outside bottom of the victim’s FST3 vehicle, and collected and used the victim’s location information by attaching a location tracking device to the victim’s vehicle until January 2016.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Statement of the police statement regarding C;

1. Application of the Kakao Stockholm message statute

1. Relevant Article of the Act on the Protection, Use, etc. of Location Information regarding criminal facts and Article 40 subparagraph 4 of the same Article, the main sentence of Article 15 (1), and Article 30 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) a person who is favorable to the defendant, such as: (b) the confession of the defendant while committing a crime; (c) the absence of the same criminal records; (d) the person with a disability of class 1; and (e) the child and his/her branch want to take the Defendant’

However, the crime of this case was committed in collusion with D by the defendant to collect and use location information by attaching a location tracking device on the victim's vehicle, and the liability for the crime is not less severe, and it is from the victim up to now.

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