통신비밀보호법위반
The sentence of sentence shall be suspended for the defendant.
Punishment of the crime
The Defendant had a tape recorder installed on the F vehicle operated by E in order to doubt and confirm the fact of his wife E’s external appearance, to record the contents of conversation, etc.
1. On November 22, 2013, the Defendant, at the Bupyeong-gu G apartment parking lot in Bupyeong-gu Incheon Metropolitan City, installed a tape recorder in the foregoing vehicle parked therein and recorded conversations between E and H that are not open to the public within the said vehicle.
2. On November 26, 2013, the Defendant: (a) installed a tape recorder in the foregoing place; and (b) recorded conversations between E and H that are not open to the public on the said vehicle in the same manner as in the preceding paragraph.
3. On December 1, 2013, the Defendant, at the above parking lot, recorded telephone conversations between E and KAI not disclosed within the above vehicle by installing a tape recorder on the vehicle in the same manner as the above paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to evidential materials;
1. Articles 16(1)1 and 3(1) of the former Protection of Communications Secrets Act (Amended by Act No. 1229, Jan. 14, 2014);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Four months of imprisonment to be suspended and one year of suspension of qualifications;
1. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Sentence (hereinafter referred to as "the favorable circumstances for sentencing") is significantly limited to the extent of infringement of confidentiality, such as recording another person's conversation on three occasions, etc. In light of the fact that there are some circumstances to be taken into account in the motive for the crime of this case, deposit KRW 10,000 for E, initial offender, recognition of and reflects the crime, and other circumstances after the crime, etc., the sentence shall be determined as per the order.