No person shall disclose or divulge the contents of communication or conversation which he/she has become aware of in the course of censorship of mail, wiretapping of telecommunications, provision of communication confirmation data, or recording or listening to conversations between others that are not open to the public without recourse to the Protection of Communications Secrets Act, the Criminal Procedure Act or the Military Court Act.

Nevertheless, around March 30, 2018, at the defendant's house located in Seo-gu, Seo-gu, Daejeon apartment C, the defendant recorded the conversation between D and friendly E in the vehicle by placing a tape recorder in the her husband D's house in preparation for divorce, and around March 31, 2018, the defendant disclosed the conversation in the way of delivering the USB file containing the contents of D and E to D, who is the convict of D by recording the above circumstance and delivering it to D. < Amended by Presidential Decree No. 20720, Mar. 31, 2018>

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Data to be submitted (related to e-mail);

1. Recording records;

1. Application of the Acts and subordinate statutes governing sound recording files CDs;

1. Relevant provisions of Article 16(1)1 of the Protection of Communications Secrets Act, the main sentence of Article 3(1) (a) of the same Act concerning criminal facts, Article 16(1)2 and 1 of the Protection of Communications Secrets Act, and the main sentence of Article 3(1)2 and Article 16(1)1 of the same Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Determination of the assertion by the defendant and his defense counsel under Article 59(1) of the Criminal Act (hereinafter the following grounds for sentencing) of the suspended sentence

1. In the absence of any other way to secure evidence of her husband’s misconduct, the main purport of the assertion is to persuade and guide her husband’s family members, and to inform her family members of the fact that the Defendant has no choice but to suspect the appearance of her spouse.