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

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

Punishment of the crime

The defendant was working as a member of the company affiliated with D Co., Ltd. for the collection agent of tolls of the Korea Road Corporation C's business office, and issued a traffic ticket to the CTol in Boju City E.

While the Defendant was dissatisfied with the fact that a majority of union members were working in the name of “DA” company, and the Defendant was dissatisfied with the fact that he did not play any particular role in wage negotiations, etc., the Defendant was trying to record conversations made at the end office around October 2015 and then collect materials that could be favorable in relation to the location of “Tolt Trade Union.”

On October 31, 2015, the Defendant, at the office of the Co., Ltd., Ltd., located in the above CTol department, posted a small tape recorder owned by the “Tolt Trade Union” on a book at that place, and recorded the conversation between F and other employees by November 1, 2015.

The defendant recorded a conversation between others that is not open to the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. Seizure records;

1. Recording notes;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 16 (1) 1 and the main sentence of Article 3 (1) of the Act on the Protection of Communications Secrets concerning facts constituting an offense;

1. Article 53, Article 55 (1) 3, and Article 55 (1) 5 of the Criminal Act (The following favorable circumstances among the grounds for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

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

2. The crime of violating the Act on the Protection of Communications Secrecy of the Decision-Making of Sentence is not set on the sentencing criteria, and therefore the sentencing criteria are not set separately.

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