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(영문) 수원지방법원 2019.11.28 2019고합490
통신비밀보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who served as the head of the management office of G from March 20, 2019 to April 14, 2019.

No person shall record a conversation between others that is not open to the public.

Nevertheless, from April 11, 2019 to 16:30 on April 11, 2019, and from April 12, 2019 to April 12, 208:37 to 11:00, the Defendant attempted to make a full recording of the conversation at the meeting of the executive members of the B management group and the conversation between C, D, E, F, etc. at the meeting of the executive members of the B management group and the accounting personnel working therefor and visitors.

Thus, the defendant tried to record a conversation between others that is not open to the public twice, but failed to achieve his intention due to the failure to operate the device.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Statement to C by the police;

1. A transcript of the complaint;

1. Application of the Acts and subordinate statutes governing investigation reports (Submission of Materials A) and receipt certificates;

1. Articles 18 and 16 (1) 1 and the main sentence of Article 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 punishment of imprisonment and suspension of qualifications as prescribed by the Protection of Communications Secrets Act of April 11, 2019, which are heavier than the punishment of concurrent crimes) shall be aggravated;

1. Mitigation of discretionary mitigation under Articles 53, 55(1)3 and 55(1)5 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Six months of imprisonment to be suspended and one year of suspension of qualifications;

1. The reason for sentencing under Article 59(1) and (2) of the Criminal Act (hereinafter referred to as “the reason for sentencing”) of the suspended sentence;

1. The scope of punishment by law: Imprisonment for six to seven months and suspension of qualifications for not more than three years and not more than nine months;

2. Non-application of the sentencing criteria: No sentencing criteria shall be set.

3. The Defendant has tried to record, without permission, the conversation contents, etc. given and received by managing members in the management office by installing a log recorder inside the management office.

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