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 is not open to the public.

Nevertheless, on March 18, 2019, the Defendant, from around 09:00 to 19:00 on the same day, recorded the contents of telephone conversations and conversations between C and D, the husband of the Defendant, by utilizing the recording function of a mobile phone in the Defendant’s residential area located in the wife B of the Gan-si.

Accordingly, the Defendant recorded a conversation between others that is not open to the public.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (Submission of Materials-Recordings by complainants);

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

1. Mitigation of discretionary mitigation under Articles 53, 55(1)3 and 55(1)5 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Six months of imprisonment to be suspended and one year of suspension of qualifications;

1. The reason for sentencing under Article 59(1) and (2) of the Criminal Act (hereinafter referred to as “the reason for sentencing”) of the suspended sentence;

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

2. Non-application of the sentencing criteria: No sentencing criteria shall be set.

3. 선고형의 결정 피고인은 주거지에서 휴대폰의 녹음기능을 켠 채 이를 몰래 숨겨두어 자신의 남편과 타인간의 통화 및 대화내용을 무단으로 녹음하였는바, 사생활의 비밀과 자유 보장의 필요성이 더욱 강조되고 있는 사회적 상황에서 공개되지 아니한 타인 사이의 대화를 녹음하는 행위는 그 죄책이 결코 가볍다고 볼 수는 없다.

However, the defendant led to the crime of this case in order to confirm the existence of a person who was living separately from her husband while making a confession of the crime of this case, and there are circumstances to take into account the circumstances, and the fact that there is no specific criminal record other than her one-time prior to a fine, shall be considered in favor of the defendant.