Anyone shall be prohibited from censorship of mail, wiretapping telecommunications, provision of data for confirmation of the fact of communications or recording or listening to conversations between others that are not open to the public without recourse to the Act on the Protection of Communications Secrets, Criminal Litigation or Military Court Act.

Nevertheless, the Defendant had the mind to keep a recording of the conversation between the wife C and D, and on June 12, 2018, the Defendant, who was parked on the e-car’s e-mail receipt part of the back seat of the E-car quantity operated by the said C, which was parked on the e-mail of the Daegu Metropolitan City, Seo-gu, Seoul, and recorded the conversation between C and D.

In this respect, the defendant recorded a conversation between others that is not open to the public, according to the relevant provisions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the petition or record of complaint;

1. Article 16 (1) 1 and Article 3 (1) of the Act on the Protection of Communications Secrets of the relevant Act on criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act (with respect to imprisonment, taking into account the favorable circumstances among the following reasons for sentencing) of the mitigated amount

1. Six months of imprisonment to be suspended and one year of suspension of qualifications;

1. Reasons for sentencing under Article 59(1) of the Criminal Act (the following conditions favorable to the reasons for sentencing) of the suspended sentence

1. Scope of punishment by law: Imprisonment for not more than six months but not more than five years and suspension of qualifications for not more than five years;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence: Suspension of sentence (to be suspended: 6 months of imprisonment with prison labor and suspension of qualification for one year) is to record, without permission, the conversation between the spouse and the other party by installing a tape recorder in the vehicle of the spouse under the circumstance that the defendant suspects the other spouse's misconduct.

Due to the development of electronic technology, the infringement of privacy and freedom is becoming a social issue, and the need to guarantee is more emphasized.