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

Anyone shall be prohibited from wiretapping telecommunications or recording or listening to conversations between others that are not open to the public without going through the provisions of Acts, such as the Protection of Communications Secrets Act.

Nevertheless, around 01:26 on March 9, 2019, the Defendant recorded a telephone conversation with C and D for about 6 minutes using a video recording function of a mobile phone at the Defendant’s residence located at the window B of Changwon-si, Changwon-si, for about 02:07 on the same day, and recorded a telephone conversation with C and D for about 19 minutes without the consent of the parties. On March 13, 2019, the Defendant recorded a telephone conversation between C and E for 23 minutes.

The defendant recorded or heard conversations between others that are not open to the public.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to C by the police;

1. The application of two Acts and subordinate statutes to investigation reports (specific audio-recording files) and USB (recording files);

1. The provisions of Article 16 (1) 1 of the Protection of Communications Secrets Act and the main sentence of Article 3 (1) of the same Act concerning criminal facts (Concurrent imposition of suspension of qualification as necessary);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment of concurrent crimes as provided for in the Protection of Communications Secrets Act of March 13, 2019, which is the largest penalty);

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. Reasons for sentencing under Article 62 (1) and (2) of the Criminal Act with regard to suspended sentence;

1. The scope of punishment by law: Imprisonment for not more than six months but not more than seven years and six months and suspension of qualifications for not more than two years and six months;

2. Scope of the recommended sentencing criteria: The same shall not apply to the case where the sentencing criteria are 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 a serious crime that infringes on the secrecy and freedom of privacy by recording the contents of conversation between other parties without the consent of the parties.