통신비밀보호법위반
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The lower court’s punishment (one year of suspended sentence for six months of imprisonment, and four months of suspended qualification) against the accused, as to the summary of the grounds for appeal, is too unreasonable.
2. Before determining the grounds for appeal ex officio, Article 16(1)1 of the former Protection of Communications Secrets Act (amended by Act No. 1229, Jan. 14, 2014; hereinafter “former Act”) provides that “A person who recorded conversations between other persons not disclosed shall be punished by imprisonment with prison labor for not more than ten years and suspension of qualifications for not more than five years,” and did not set the lower limit of imprisonment with prison labor. However, the Protection of Communications Secrets Act amended and implemented January 14, 2014, provides that “A person who recorded conversations between other persons shall be punished by imprisonment with prison labor for not less than one year but not more than ten years and suspension of qualifications for not more than five years.” The lower limit of imprisonment with prison labor is determined by applying the former Act at the time of an act committed from Oct. 17, 2013 to Oct. 22, 2013.
In this respect, the judgment of the court below can no longer be maintained.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 16(1)1 and 3(1) of the former Protection of Communications Secrets Act (Amended by Act No. 1229, Jan. 14, 2014) concerning criminal facts
1. Six months of imprisonment to be suspended and four months of suspension of qualifications;
1. The reason for sentencing under Article 59(1) of the Criminal Act is between others.