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 pursuant to the provisions of Acts and subordinate statutes.

Nevertheless, the defendant, who is a pastor belonging to the C church, had the father D of the defendant who is a pastor belonging to the C church and the head of the above church, expressed his mind to record conversations between E and the believers.

1. On November 12, 2016, the Defendant violated the Communications Secrecy Protection Act: (a) on November 12, 2016, at the meeting room next to the meeting room of the C church education center located in Seojin-gu, Seojin-gu, Seojin-gu; (b) on November 12, 2016, the Defendant, prepared in advance, worked the tape recorder of G4 mobile phones owned by the Defendant; and (c) recorded a conversation between E and E, who is the head of a church, by the time 20:30 on the same day, while setting up the tape recorder of the G4 mobile phone possessed by the Defendant at the entrance.

2. On November 19, 2016, the Defendant violated the Communications Secrecy Protection Act: (a) at the conference room adjacent to the C church education center, as indicated in paragraph (1) around November 19, 2016, the Defendant attempted to record the conversations between the said E and the believers, using G4 mobile phones, which operated the tape camera at the conference room adjacent to the education hall, using the same method as the above, and at the meeting room of the education hall, intended to record the conversations between the said E and the believers, which are not open to the public, while praiseing the weekend and the press conference; (b) however, the Defendant attempted to record the conversations between E and G, etc., who are the head of the church, by discovering the aforementioned mobile phone, and attempted to keep the recorded contents.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report on seizure records (voluntary submission), list of seizure, and report on the results of analysis of digital evidence;

1. Application of the Acts and subordinate statutes for filing complaints and investigation reports;

1. Article 16(1)1 and Article 3 of the relevant Act on the Protection of Communications Secrets (a point of recording conversations between other persons) concerning criminal facts, Articles 18, 16(1)1 and 3 of the Communications Secrets Act (a point of attempted recording of conversations between other persons);

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

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. The punishment to be suspended;