Text
A defendant shall be punished by imprisonment for not less than eight 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.
Reasons
Punishment of the crime
1. On November 2015, the Defendant violated the Communications Secret Protection Act: (a) sought evidence from the victim AF’s external appearance from the person who is a legally superior person in the Nam-gu International Apartment Parking Lot, Nam-gu, Gwangju, Gwangju, and (b) recorded a small tape recorder for the receipt of the victim-owned AGra car; (c) thereby, the victim was within the vehicle, and (d) made a telephone call with HaH and AI on November 4, 2015, and recorded a conversation with HaJ of work Dong on November 2015.
The defendant recorded a conversation between others that is not open to the public.
2. 상해 피고인은 2015. 12. 14. 21:50 경 위 I 아파트 23동 1303호 피고인의 집에서, 술에 취하여 피해자 AF( 여, 41세) 과 말다툼을 하던 중 주먹으로 피해자의 얼굴 부위를 3~4 회 때리고 바닥에 넘어진 피해자의 어깨 부위를 발로 4~5 회 걷어찼다.
As a result, the Defendant inflicted an injury on the victim, such as gambry, around the snow that requires treatment for about two weeks.
Summary of Evidence
1. Partial statement of the defendant (limited to the violation of the Protection of Communications Secrets Act);
1. Legal statement of the witness AF;
1. The application of the recording (AF and AH dialogue), recording (AF and AH, AI dialogue), and the law of a medical certificate;
1. Relevant Article 16 (1) 1, the main sentence of Article 3 (1) of the Act on the Protection of Communications Secrets concerning facts constituting an offense, and Article 16 (1) 1, the main sentence of Article 3 (1) of the said Act ( comprehensively, the recording of conversations between others, and the concurrent imposition of imprisonment and suspension of qualification) and Article 257 (1) of the Criminal Act (the point of injury, and the choice of
1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes by imprisonment with prison labor prescribed for a violation of the Protection of Communications Secrets, heavier than the punishment);
1. Article 53 and Article 55 (1) 3 and 5 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act (with respect to imprisonment, taking into account the following favorable circumstances):
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of punishment by law: Imprisonment for not less than six months but not more than seven years and not more than six months, and suspension of qualifications for not more than two years and six months;
2. Application of the sentencing criteria;
(a)an injury (e.g., determination).