Text
The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
No person shall inspect mail, wiretapping telecommunications or record or listen to conversations between others that are not open to the public without resorting to the Protection of Communications Secrets Act, the Criminal Procedure Act or the military court.
Nevertheless, the defendant is doubtful that the victim B, who is the spouse of the ordinary law (ever divorced), is in the external map, and in order to confirm this, the defendant and the victim have been able to install a tape recorder in Busan, Busan, the Busan, the Busan, the Da building D, the residence of which is living.
On November 20, 2018, the Defendant: (a) installed a tape recorder in the bank room room below the above residence and in the bedroom; (b) activated the recording function; (c) recorded the content of conversations with the Plaintiff around November 20, 2018; and (d) recorded on November 23, 2018, the content of conversations with the Defendant with the children and the content of conversations with the children.
Accordingly, the defendant recorded a conversation with others that have not been disclosed twice in total.
Summary of Evidence
1. Defendant's legal statement;
1. Each police interrogation protocol against the accused;
1. The police statement concerning B;
1. Application of the Acts and subordinate statutes governing text messages, photographs containing a criminal complaint, suspect and Kaxoto, recording records, tape recorders photographs and text messages, and the outputs of text messages;
1. The punishment of imprisonment and suspension of qualifications under Article 16 (1) 1 of the Protection of Communications Secrets Act and the main sentence of Article 3 (1) of the same Act concerning facts constituting an offense (Concurrent punishment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
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. Six months of imprisonment to be suspended and one year of suspension of qualifications;
1. Reasons for sentencing under the main sentence of Article 59(1) and Article 59(2) of the Criminal Act (hereinafter “the grounds for sentencing”), of the suspended sentence;
1. Scope of punishment by law: Imprisonment with prison labor for six months to seven years and suspension of qualifications for one year;