No person shall record or listen to conversations between others that are not open to the public, or disclose or divulge the contents of the conversation he/she has become aware of in the above manner.

Nevertheless, at around 12:30 on April 23, 2015, the Defendant discovered that C was in a state of connection between C’s mobile phone and D’s mobile phone because C’s cell phone is not properly opened, even though C was in a state of connecting D’s mobile phone and D’s mobile phone after having called D with his/her own mobile phone, and he/she listened to C’s mobile phone for about 30 minutes, and transmitted C’s cell phone recording files stored in C’s mobile phone to H through H on May 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. Application of Acts and subordinate statutes on recording;

1. Article 16(1)1 and Article 3 of the Protection of Communications Secrets Act relating to the relevant criminal facts, and Article 16(1)2 and Article 16(1)1 of the Protection of Communications Secrets Act (a divulgence of the content of conversation between third parties);

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes stipulated in the Protection of Communications Secrets Act due to the divulgence of contents of conversation between other persons heavier than the nature of the crime);

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 not more than six months but not more than seven years and suspension of qualifications for not more than three years and not more than September;

2. Application of the sentencing criteria: The sentencing criteria shall not be set for the violation of the Protection of Communications Secrets Act.

3. Determination of sentence: Suspension of sentence (six months of imprisonment and one year of suspension of qualification) shall be made after the defendant listens to the dialogue between others.