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(영문) 수원지방법원 2015.01.22 2014고합634
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

No person shall record or listen to conversations between others that are not open to the public without going through the Protection of Communications Secrets Act, the Criminal Procedure Act or the Military Court Act.

The defendant is a person who works as a child care teacher at the E-child care center located in Young-gu, Young-gu.

On April 2014, the teachers of the above child-care center including the Defendant subscribed to the Democratic Labor Team on a democratic basis, and negotiating working conditions with the victim F, who is the president, caused conflicts between the teachers and the victims, and the Defendant had tried to record the conversation between the victim and the other party in the future.

On June 25, 2014, the Defendant, at the head of the above child care center, installed a cellular phone in front of the victim’s gallon, which is his own child, under the line that was kept in front of the victim’s book, operated the recording function, recorded and heard the conversation between the victim and others for 3:28:55, and recorded and heard the conversation between the victim and others on seven occasions from around that time to July 9, 2014, as shown in the list of crimes in the attached Table.

As a result, the Defendant recorded or heard conversations between others that are not open to the public, according to the relevant provisions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The list of seizure, on-site photographs, seized objects, photographs, etc.;

1. Reporting on occurrence (violation of the Protection of Communications Secrets Act), internal investigation reports, investigation reports (victim F currency reports), investigation reports (clocks for storage of voice files);

1. Application of one cellular phone (No. 1) to the existing Acts and subordinate statutes in Samsung Hegel who has been seized;

1. Articles 16(1)1 and 3(1) of the Protection of Communications Secrets Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the most severe penalty for concurrent crimes as stipulated in the Protection of Communications Secrets Act of July 9, 2014);

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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