A defendant shall be punished by imprisonment for six months and suspension of qualifications for one year.

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

Punishment of the crime

No person shall censorship mail, wire telecommunications, provide data for confirmation of the fact of communications or record or listen 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.

Nevertheless, on January 16, 2018, in order to secure the proviso to the act of inhumanity of B, the Defendant installed a tape recorder at the office of the above B located in Seo-gu, Daegu, Seo-gu, and recorded a telephone conversation with the above B and a man in unsound name, and a conversation with the student, which was not disclosed from January 17, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to recording notes;

1. Article 16(1)1 and the main sentence of Article 3(1)1 of the former Protection of Communications Secrets Act (amended by Act No. 15493, Mar. 20, 2018; hereinafter the same shall apply) concerning criminal facts

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. With respect to a violation of the Protection of Communications Secrets Act for the reason of sentencing under Article 62(1) and (2) of the Criminal Act (the second sentence with regard to imprisonment), no sentencing guidelines are set.

1. Scope of a statutory penalty: Imprisonment with prison labor for not less than six months up to five years, and suspension of qualifications for not more than two years and six months, Article 44(1) of the Criminal Act provides the lowest limit of qualification suspension for one year. Unlike a fine, the lower limit of a fine is not separately prescribed.

2. The act of recording, without permission, the monetary content in order to verify the spouse’s misconduct in the course of divorce proceedings, and recording a conversation that is not open to the public between the spouse and others even in a social situation where the need to protect the privacy and freedom of private life is more emphasized.