A defendant shall be punished by imprisonment for not less than six months and suspension of qualifications for six months.

However, the above imprisonment for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who serves as a crew member of the D Company located in Heak-gu Seoul Metropolitan Government.

No person shall record a conversation between others that is not open to the public or listen to it through the use of electronic or mechanical devices.

1. On April 1, 2018, the Defendant made a phone call to F at the Defendant’s residence located in Heak-gu, Chungcheongnam-gu, Chungcheongnam-gu, and recorded the above conversation as a mobile phone with the defect in relation to the election of the president of the D Bus Trade Union with the knowledge that F was the end of the telephone.

In this respect, the defendant recorded the conversations of others that are not open to the public.

2. On April 2, 2018, the Defendant: (a) worn a earphone in a bus operated in Seoul around April 2, 2018; (b) listened to the said conversation; and (c) informed the candidate J, etc., the president of the D Bus Trade Union, of the recorded conversation.

Accordingly, the suspect disclosed or leaked the contents of conversation between others that are not disclosed.

Summary of Evidence

Application of the Police Statement of Statement F to the Defendant’s Court Statement Act

1. Article 16 (1) 1, the main sentence of Article 3 (1) (a) of the Act on the Protection of Communications Secrets (a point of recording conversations between others) concerning criminal facts, Article 16 (1) 2, and the main sentence of Article 3 (1) of the Act on the Protection of Communications Secrets (a point of disclosure and leakage of the content of conversation between others);

2. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and 3, and Article 50 of the same Act (the aggravated punishment for concurrent crimes prescribed in the crime of violation of the Protection of Communications Secrets due to the divulgence of conversation between other persons with heavy gravity of the nature of the crime);

3. Articles 53 and 55(1)3 and 55 of the Criminal Act (the following favorable circumstances among the reasons for sentencing).

4. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) and (2) of the Criminal Act (in the case of imprisonment with prison labor, the favorable circumstances of the following sentencing grounds)

1. The defendant and his defense counsel asserts that they had different knowledge that the defendant's act was in violation of the law.

2. Article 16 of the Criminal Act provides for judgment.