[criminal power] On May 22, 2012, the Defendant was sentenced to four years of imprisonment for an injury by robbery at the Daegu District Court, and the execution of the sentence was terminated on July 14, 2016. On July 14, 2016, the Incheon District Court was sentenced to two years of suspension of execution on July 22, 2016, and the judgment was finalized on July 22, 2016.

【Criminal Facts】

The defendant is a person who was a victim B (n, 25 years of age) and a person who had a relationship with him.

1. On December 26, 2017, around 20:00, the Defendant, at the port of port, was near the building C, D, and the victim’s residence, and entered by hand, removed steel fences, entered the inside of the house fence, and did not rectify the victim’s residence windows and enter the house.

Accordingly, the defendant invadedd the victim's residence.

2. The Defendant violated the Protection of Communications Secrets Act: (a) prepared in advance at the time and place specified in paragraph (1) and set up a digital recording machine in the window of the victim’s residence to record conversations between the victim and others; (b) however, on the same day, the victim discovered and attempted the recording machine at around 22:59.

The defendant tried to record a conversation between others that is not open to the public, but attempted to do so.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. A detailed statement on handling 112 reported cases;

1. One CD in the field photograph, on-site identification reports, records of the purchase of tape recorderss, photographs of the purchase details, and audio-recording files;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (a repeated offense and period of suspension of execution);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 18, 16(1)1, and 3(1) of the Protection of Communications Secrets Act (which means an attempted recording of conversations between third parties), and Article 319(1) of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. Attempted mitigation of crimes under Articles 25(2) and 55(1)3 of the Criminal Act (violation of the Protection of Communications Secrets Act)

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.