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 two years from the date this judgment became final and conclusive.

Punishment of the crime

No person shall record or listen to a conversation between others that is not open to the public.

Nevertheless, the Defendant, who filed a complaint with the Daegu District Court against her husband B, had a tape recorder installed at the back seat of the CM5 car managed by B for the purpose of using it as evidence of the lawsuit and dispute with B, including the lawsuit of demanding the performance of the procedure for registering the establishment of the right to collateral security (203470), and recorded conversations between B and many unspecified persons.

On October 15, 2015, the Defendant, without the consent of the other party to the conversation between B and B during the middle of June 2017, without the consent of the other party to the conversation, recorded a small tape recorder in the back left corner of the said CM5 vehicle on 38 occasions on October 15, 2015, recorded a conversation exchanged between B and D on 38 occasions on 2015, and recorded a conversation exchanged between B and D on 3 occasions on 2016 on 15 June 2017.

Accordingly, the defendant recorded a conversation between others that is not open to the public three times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to accusation, recording files, and recording books;

1. Article 16 (1) 1 and Article 3 (1) of the Act on the Protection of Communications Secrets of the relevant provisions of the Act on criminal facts;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed by the Act on the Protection of Communications Secrets, which is the largest penalty on October 15, 2015);

1. Articles 53 and 55(1)3 of the Criminal Act (with respect to imprisonment, taking into account the favorable circumstances among the following reasons for sentencing) of the mitigated amount

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for not more than six months up to seven years and suspension of qualifications for not more than five years;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence: Six months of imprisonment;