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(영문) 전주지방법원 정읍지원 2020.05.20 2020고합7
통신비밀보호법위반
Text

A defendant shall be punished by imprisonment for six months and suspension of qualifications for one year.

However, the above imprisonment for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B are legally married couple who completed the marriage report on October 28, 2005, and on February 25, 2019, they were in the litigation of divorce with the Jeonju District Court and Eup/Myeon court.

No person shall disclose or divulge the contents of communication or conversation which he/she has become aware of without censorship of mail, wiretapping of telecommunications, provision of communication confirmation data, or recording or listening to conversations between others that are not open to the public without recourse to the Protection of Communications Secrets Act, the Criminal Procedure Act or the Military Court Act.

1. On April 13, 2017, the Defendant: (a) installed a recording device on the front line to verify the relationship between the victim and the victim’s internal combustion at the Defendant’s residence of the building C in the front line; and (b) recorded the content of the recording without the consent of the victim and E.

2. On July 3, 2019, the Defendant submitted the recording recording as a record of the victim’s proof of internal relations with the victim and divulged the contents of the other party’s conversation illegally recorded.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports (Submission of suspect record files);

1. Relevant provisions of Article 16(1)1 of the Protection of Communications Secrets Act, the main sentence of Article 3(1) (the point of recording conversations between others) concerning criminal facts, Article 16(1)2 and 1 of the Protection of Communications Secrets Act, and the main sentence of Article 3(1)2 of the same Act (the point of divulging the contents of undisclosed conversations);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with imprisonment and suspension of qualification, which are prescribed by the Protection of Communications Secrets Act due to the disclosure of contents of conversation between other persons heavier than the nature of the crimes);

1. Mitigation of discretionary mitigation under Articles 53, 55(1)3 and 55(1)5 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62(1) and 62(2) of the Criminal Act (with respect to imprisonment, repeated consideration of favorable circumstances among the following reasons) shall be imposed.

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