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(영문) 창원지방법원 2019.09.04 2019고단454
위치정보의보호및이용등에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

1. No person who violates the Act on the Protection and Use of Location Information shall collect the relevant personal location information without consent of the subject of such personal information;

A. The Defendant thought that the victim B was not a male with another male, and had the mind to gather information on the victim’s location by attaching a location tracking device on the victim’s Cpft vehicles.

On November 2018, the Defendant posted a location tracking device at the lower part of the passenger vehicle body parked in the victim's parking lot located in D's dwelling area located in the middle of the new wall, Changwon-si, Seoul Special Metropolitan City, and collected information on the location tracking of the victim.

Accordingly, the defendant collected the location tracking information of the victim without the consent of the victim.

B. The Defendant, who is doubtful of the relationship between the victim E and the Defendant’s female-friendly Gu B, has the intent to gather information on the location of the victim by attaching a location tracking device to the F Kafa car operated by the victim for the purpose of securing evidence, and on November 30, 2018, “ around November 30, 2019” in the indictment is a clerical error. Thus, the Defendant shall correct it ex officio.

The location tracking device was purchased.

The Defendant’s indictment on December 1, 2018 is clearly written in writing “ around December 1, 2019,” and thus, the Defendant’s correction ex officio is apparent.

Since it is obvious that "from December 3, 2018, until December 3, 2019, the bill of indictment is a clerical error, it is corrected ex officio, since it is obvious that the victim's residence located at the window G of Changwon-si, attached a location tracking device to the above car parked therein, and from that time, until December 3, 2018."

The victim's location information was collected through the defendant's cell phone display case installed in the defendant's cell phone for three days.

Accordingly, the defendant collected information on the location of the victim without the consent of the victim.

2. Special intimidation: around December 17, 2018, the Defendant is operated by the victim B (V, 52 years old) located in the counter of Changwon-si, Changwon-si around 07:10.

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