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 one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant reported the marriage on October 14, 2005 to the wife B and the Daejeon Family Court on January 4, 2017, and filed a divorce lawsuit against B in the course of a divorce lawsuit.

On December 2, 2016, the Defendant entered the house of 108, 902, C apartment of 108, 102, and installed a tape recorder under the direction of the bedroom, and on January 2, 2017, February 3, 2017;

2. 14. B recorded each recording of conversations with Dong students D and E.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes of recording (dialogs B, D, and E);

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. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed in a crime of violating the Protection of Communications Secrets Act, which is the largest punishment);

1. Articles 53 and 55(1)3 and 55 of the Criminal Act (the following extenuating circumstances among the grounds for sentencing) of the Act on Reduction of Small Amount (the following extenuating circumstances);

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: Imprisonment with prison labor for not more than six months but not more than seven years and six months and suspension of qualifications for not more than three years and nine months;

2. Scope of the recommended punishment on the sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence;

A. The instant crime is a case in which the Defendant, without permission, recorded the monetary content in order to use it as favorable evidence in a divorce lawsuit with B and related criminal cases.

In a social situation where the guarantee of privacy and freedom is more emphasized, recording a conversation between the non-public spouse and others even if the couple's death is not disclosed, the liability for such crime is less severe.

shall not be deemed to exist.

B. However, all of the defendants recognize the crimes, and they do not have the same criminal records and penal records.

In order to clarify his confession in the relevant criminal case, the Defendant’s instant case.