The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

No person shall record or listen to conversations between others that are not open to the public, except as provided by Acts and subordinate statutes.

Nevertheless, on September 2017, the Defendant: (a) requested a person who had the mind of securing the evidence with respect to B, who is the spouse of the Defendant; and (b) recorded a conversation between others, which is not disclosed by means of setting up a cell phone device in the stairs of the Gyeong-si, North America; and (c) photographing the contents of the conversation between B and D.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant 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;

1. Article 53 and Article 55 (1) 3 and 5 of the Criminal Act for discretionary mitigation;

1. Six months of imprisonment with prison labor and suspension of qualifications for one year;

1. The defendant and his defense counsel asserted that Article 59(1) and (2) of the Criminal Code of the Suspension of Sentence (hereinafter referred to as the grounds for sentencing) of the suspended sentence is based on apartment stairs since the dialogue between B and D recorded by the defendant was conducted in the apartment stairs, the dialogue made in the apartment stairs does not constitute a conversation between others not open to the public, and therefore the defendant's act written in the facts charged is not a crime.

In light of the purport of Article 3(1) of the Protection of Communications Secrets Act that prevents a third party who does not participate in the conversation from recording or listening to the conversation between others, the Defendant did not originally participate in the conversation between B and D, and that it is not open to the public, and that Article 3(1) of the Protection of Communications Secrets Act prohibits a third party who does not participate in the conversation from recording or listening to the conversation between others, the conversation between B and D is not open to the public under Article 3(1) of the aforementioned Act.