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(영문) 창원지방법원 2020.03.06 2019고단3301
위치정보의보호및이용등에관한법률위반
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is between the defendant and the victim B in the past, and the victim C is the male family of the victim B.

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.

1. On April 21, 2019, the Defendant: (a) attached a location tracking device (G-PER) at the lower part of the Franchisp car used by the victim in front of the E hospital located in D, Changwon-si, without the consent of the victim B; and (b) collected the location information of the victim by accessing the “FAMY” from around that time to August 14, 2019 to around 41, 2019.

2. On August 13, 2019, the Defendant: (a) attached a location tracking machine (G-PER) at the lower part of the GMP6 car used by the victim without the consent of the victim C at the window studio in the window of Changwon-si, Changwon-si, and (b) collected the location information of the victim by means of accessing the “FAMY” from around that time to August 10:01, 201 to around August 21, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement concerning B and C;

1. Application of Acts and subordinate statutes to each investigation report and seizure records;

1. Relevant Article 40 of the Act on the Protection, Use, etc. of Location Information regarding the facts constituting an offense and Articles 40 subparagraph 4 and 15 (1) of the Act on the Protection, Use, etc. of Location Information;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Code for each of the crimes of this case are as follows: (a) the nature and circumstances of the crime are not good in light of the methods thereof; and (b) the victim B has been abused by the defendant.

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