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(영문) 인천지방법원 2020.05.12 2019고합867
통신비밀보호법위반등
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 becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On July 30, 2018, the Defendant was sentenced to four months of imprisonment with prison labor due to property damage and assault at the Incheon District Court, which became final and conclusive on December 21, 2018.

【Criminal Facts】 From June 2016 to February 2018, the Defendant divorced from the wife around September 2017 as a person who had a relationship with the victim B (tentative name, leisure, 47) and was in a relationship with the victim B, and the victim C (tentative name) is the husband and wife B.

1. No person who violates the Protection of Communications Secrets Act shall record or listen to conversations between others unless he has justifiable reasons;

Nevertheless, around November 2017, the Defendant established a flock called “F” in the victim B’s smartphone in the victim B’s smartphone, and listened to the telephone contents between the victim B and the victim C.

2. Intimidation;

A. On November 25, 2017, the Defendant threatened the victim by stating that the victim B would not have a divorce with her husband at the public relations center following the G hotel parking lot in Yeonsu-gu Incheon Metropolitan City, and that “the victim would have a width to H (H in which the people who are engaged in the real estate sales business have joined the real estate sales business).”

나. 2017. 12. 11.경 인천 소재 불상지에서 피해자 B와 전화 통화를 하면서 피해자에게 “너의 남편 회사에 찾아가 직원들에게 너에 대해 말하겠다. 그리고 너의 시댁 전화번호를 알고 있으니 너에 대해 말을 하겠다.”라는 취지로 말을 하여 피해자를 협박하였다.

C. On December 14, 2017, the Defendant made a phone call to the victim C at the Defendant’s residence of the Nam-gu Incheon-gu Officetel E, Nam-gu, Incheon-gu, and threatened the victim with the phrase “if the victim does not obtain a divorce with B, the Defendant would width all of his or her name to all of his or her workplace, family members, and H (H in which the people engaged in the real estate sales business join).”

3. On December 11, 2017, the Defendant shall be the victim B of the Michuhol-gu Incheon International Apartment on December 11, 2017.

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