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(영문) 전주지방법원 군산지원 2016.09.22 2016고합98
통신비밀보호법위반등
Text

A defendant shall be punished by imprisonment for six months and suspension of qualifications for one year.

However, the above imprisonment for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. While the Defendant was suspected of having a person related to a de facto marriage B (the age of 46), he was willing to collect evidence necessary to file a lawsuit to resolve a de facto marriage against such female by recording the monetary content of the female.

On January 8, 2015, the Defendant: (a) around 21:00, the Defendant: (b) had a tape recorder prepared to secure evidence of the victim’s influorial body; (c) had the victim’s influorial store; and (d) invaded the building managed by the victim.

2. No person who violates the Protection of Communications Secrets shall record or listen to conversations between others that is not open to the public, unless it is prescribed by the relevant Acts.

The Defendant recorded the cell phone calls between B and E in around 23:30 on the same day by hiding the tape in the clothes displayed at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. A criminal investigation report (a copy of a record of the conversations of an complainant);

1. Application of Acts and subordinate statutes of written confirmation;

1. Relevant Article 16 (1) 1, the main sentence of Article 3 (1) of the Act on the Protection of Communications Secrets concerning facts constituting an offense, and Article 16 (1) 1, the main sentence of Article 3 (1) (the provision of recording and listening to conversations between other persons that are not open to the public, the concurrent imposition of imprisonment and suspension of qualification) of the Criminal Act, and Article 319 (1) of the Criminal Act (the occupation of

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated within the extent that the sum of the long-term punishment for each of the above crimes is added to imprisonment with prison labor prescribed for a violation of the Protection of Communications Secrets, which is heavier than

1. Article 53, Article 55 (1) 3, and Article 55 (1) 5 of the Criminal Act (The following favorable circumstances among the grounds for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. The scope of punishment: Imprisonment for not more than six months but not more than six years and six months and suspension of qualifications for not more than two years and six months;

2. Sentence;

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