However, the above imprisonment for one year from the date this judgment becomes final and conclusive.

No person shall record or listen to a conversation between others that is not open to the public.

Nevertheless, on November 22, 2018, the Defendant recorded a conversation between the victim B and E in an open window set forth in subparagraph d, the victim’s residence, which is the victim’s open window set up in the middle-gu building C, Daegu-gu, where the victim B was living in the Defendant’s wife on November 18, 2018, on the ground that the victim B’s external attitude is doubtful.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Written complaint and briefs;

1. Application of the Act and subordinate statutes to investigative reports (written statements submitted by a complainant to listen to CDs);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (with respect to imprisonment, consideration of favorable circumstances among the following reasons for sentencing):

1. Reasons for sentencing under Article 62(1) and (2) of the Criminal Act (with respect to imprisonment, repeated consideration of favorable circumstances among the following reasons)

1. The scope of punishment by law: Imprisonment for not less than six months nor more than five years and suspension of qualifications for one year or more; and

2. Scope of recommending sentencing criteria: The scope of recommending sentencing criteria shall not be set.

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for one year, suspension of qualification for one year is recording a private conversation between the wife where the Defendant is under separate jurisdiction and another person; and even in a society where the need to guarantee the secrecy and freedom of privacy is more emphasized, the act that essentially infringes on fundamental rights under the Constitution and the liability for such crime is not easy.

In addition, the victim is punished for the defendant.

However, the defendant's mistake is recognized and is against his will, and the defendant is suspected of having committed the crime in this case, and the circumstances are somewhat to be taken into account in terms of the circumstances and motives of the crime in this case.