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

No person shall record or listen to conversations between others that are not open to the public, except as provided by Acts.

Nevertheless, in order to verify whether the victim B, who was a past related person, has deceased with another male, the defendant installed a tape recorder under the inside driver's seat of the DPoter vehicle operated by the victim who was parked in the Daejeon Dong-gu C market around 10:00 on July 20, 2020 and recorded a conversation between the victim and the non-name victim around that time.

The defendant recorded a conversation between others that is not open to the public.

Summary of Evidence

1. Record of the defendant's legal statement 1. B on investigation report of the police's statement (to hear the victim's telephone statement) on B, Kakao analysis report on police seizure records;

1. Application of the Acts and subordinate statutes to photograph the contents of a Kakao Stockholm conversation, photographs photographing a tape recorder and the contents of text;

1. Article 16 (1) 1 and the main sentence of Article 3 (1) of the Act on the Protection of Communications Secrets concerning facts constituting an offense;

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

1. Article 62(1) and (2) of the Criminal Act with respect to the suspended sentence (with respect to imprisonment, taking into consideration the following favorable circumstances among the grounds for sentencing):

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months up to five years, and six months up to two years from the suspension of qualifications;

2. Scope of the recommended punishment according to the sentencing criteria: Whether the sentencing criteria are not set.

3. According to the decisions of sentence, the sentencing conditions of the defendant, such as the age, sex, environment, circumstances, and circumstances after the commission of the crime, shall be comprehensively taken into account and set forth in the order.

D. Unfavorable circumstances: The communication between individuals in private areas belongs to the freedom of communication, which is the fundamental right guaranteed by the Constitution, as part of privacy, and the victim of the recording machine purchased in advance by the defendant is inside the vehicle.