A defendant shall be punished by imprisonment for not more than ten months and suspension of qualifications for one year.

However, the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On March 27, 2013, among C buildings located in Seo-gu Incheon, Incheon Metropolitan City, the Defendant entered the said office for the purpose of recording the contents of conversations with other people by the victim D, and installed a tape recorder under the influence of the victim, and around that time, the Defendant intruded into the office occupied by the victim seven times from that time to April 30, 2013, as shown in attached Table 1 of the List of Offenses Act.

2. No person who violates the Protection of Communications Secrets Act shall record conversations between others that are not open to the public; and

Nevertheless, the Defendant, at the above time and time, recorded a conversation between D and his children E by installing a tape recorder under the influence of the small wave in the above office, and recorded the conversation between D and others five times from around that time to April 30, 2013, as shown in attached Table 2 of the List of Offenses.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 319(1) of the Criminal Act regarding criminal facts; Articles 16(1)1 and 3 of the former Protection of Communications Secrets Act (Amended by Act No. 1229, Jan. 14, 2014)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing of Article 48(1) of the Criminal Act is committed by the Defendant who intrudes upon the victim’s room and installs a tape recorder at the end of suspicion of the crime of the victim, and the nature of the crime is not good in light of the content and method of the crime.

However, the decision is made in consideration of the motive and background leading up to the crime of this case and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, character, conduct and environment, etc., as shown in the records and arguments of this case.