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(영문) 청주지방법원 2017.05.19 2017고합65
통신비밀보호법위반
Text

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

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

Reasons

Punishment of the crime

Anyone shall be prohibited from censorship of mail, wiretapping telecommunications, or provision of data confirming the confirmation of the fact of communications, or recording or listening to conversations between others that are not open to the public.

Nevertheless, from the end of December 2012 to October 2015, the Defendant: (a) kept fixed-typeless electricity (including spackers, ALINCOD610, and No. 3) at the Cheongju-si B’s residence; and (b) took possession of spamless electricity; and (c) deleted the place of the accident and the details of the accident by listening to the details of the police force, such as the details of the spams between the patrol vehicle of each police station under the National Police Agency and the 112 situation room.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C, D, and E (Evidence Nos 2, 6, 9);

1. Each police seizure protocol (Evidence No. 11, 13, 15) and each police seizure list (Evidence No. 12, 14, 16);

1. Each existing statute applicable to two non-electric antennas seized (No. 1), one type of aerial cable (No. 2), one type of fixed-typelessless electric (including spackers, ALINCOD610), one unit of non-electric (No. 3)

1. Article 16 (1) 1 of the Act on the Protection of Communications Secrets and the main sentence of Article 3 (1) of the Act on the Protection of Communications Secrets concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture;

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than ten years and suspension of qualifications for not more than five years;

2. The crime of violating the Act on the Protection of Communications Secrecy of the Decision-Making of Sentence is not set on the sentencing criteria, and therefore the sentencing criteria are not set separately.

The crime of this case, 1 year of imprisonment, 2 years of suspended execution, and 1 year of suspended qualification, is deemed to have arbitrarily interfered with the communication between patrol vehicles of each police station and the 112 situation room for a long time in order for the defendant to be dispatched to the accident scene prior to the competition company, and the illegality thereof is serious and the social termination group is not significant.

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