Six Months in Prison, One-Year Suspension
"Considered as First Offense, Among Other Factors"
A woman in her 30s who installed a GPS tracker on her husband's smartphone to collect evidence for divorce and alienation lawsuits was sentenced to a suspended prison term.
On the 24th, Judge Jang Jin-young of the Criminal Division 10 at Daejeon District Court announced that Ms. A, in her 30s, who was indicted for violating the Act on the Protection and Use of Location Information and for searching a vehicle, was sentenced to six months in prison with a one-year suspension.
Ms. A is accused of installing a GPS tracking device on her husband Mr. B's smartphone on September 14, 2023, and tracking his location information for about two weeks through an application. On the night of the 27th of the same month, around 11 p.m., she approached Mr. B's car parked in a location in Sintanjin-dong, Daedeok-gu, Daejeon, opened it with a spare key, and took the black box memory card.
Ms. A is also charged with hacking the information and communication network by unlocking Mr. B's smartphone while he was sleeping at their residence in Mok-dong, Jung-gu, Daejeon, around 11 p.m. on June 24, 2023, checking small payment details, and accessing the Google app account to view location history.
Ms. A testified to the investigative authorities that she tracked her husband's location to secure evidence during divorce proceedings with her separated husband and a damages claim lawsuit against the mistress.
The court stated, "The act of collecting location information without consent and using any means to achieve the purpose is highly condemnable and was not forgiven by the husband." However, the court considered "that this was her first offense, that the divorce was caused by the husband's infidelity, and that there is no risk of reoffending after the divorce" as reasons for sentencing.
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