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

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

Punishment of the crime

No person shall record or listen to conversations between others that are not open to the public without going through the Protection of Communications Secrets Act, the Criminal Procedure Act or the Military Court Act.

On February 15, 2020, the Defendant: (a) committed assault with Ma-dong B on the part of the Defendant, and entered as the suspect of assault; (b) committed assault with Ma-dong B on the part of Ma-dong B for agreement with Ma-dong, his father; (c) had the intention to record a conversation with Ma-dong but did not operate his mobile phone recording function; and (d) Ma-dong recorded Ma-dong conversations with Ma-dong on the part of Ma-dong because Ma-dong, Ma-dong, who did not work, Ma-dong, Ma-dong, Ma-dong.”

Therefore, the Defendant, at around 11:48 on February 22, 2020, connected D with D’s telephone to a mobile phone in front of the car page located in Seosan-si E, and connected C with C by entering the above car page. At that time, D divided D’s telephone recording server by taking advantage of a mobile phone at the residence located in Seosan-si F at this time, and recorded C’s conversation with the Defendant and C.

Accordingly, the defendant instigated D to record a conversation between others that is not open to the public.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police record of the police interrogation protocol C to the police's protocol of suspect interrogation of the defendant's court statement D, and a photophone photographic file;

1. Article 16(1)1 of the Protection of Communications Secrets Act, the main sentence of Article 3(1) and Article 31(1) of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Scope of a suspended sentence under Article 62 (1) of the Criminal Act (with respect to imprisonment, repeated consideration of favorable circumstances among the reasons for sentencing under the following subparagraphs) applicable to the punishment by law: Imprisonment for not less than six months but not more than five years and suspension of qualifications for not more than two years;

2. Sentence;