The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

In spite of the fact that the Defendant’s censorship of mail, wiretapping of telecommunications, or recording or listening to conversations between other parties that are not open to the public, on October 1, 2018, in the Defendant’s dwelling area located in Samsung Ggol-si B, the Defendant recorded and heard conversations between C and C for about 10 hours in a manner attached to TV of the ward, and in a manner attached to TV of the ward, the spouse of C and C recorded and heard the conversation for about 10 hours.

The defendant recorded and heard conversations between others that are not open to the public.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A criminal investigation report (to attach a mobile phone photograph used for illegal recording);

1. Application of Acts and subordinate statutes governing recording records;

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 instant crime is not set the sentencing criteria for the reasons for sentencing under Article 59(1) and (2) of the Criminal Code (hereinafter referred to as “the grounds for sentencing”) of the suspended sentence.

The instant crime is a recording of an undisclosed conversation between the Defendant’s spouse C and others, and the criminal liability is not against the law.

However, the sentence against the defendant shall be suspended only once by taking into account the following circumstances: the defendant is the first offender; C does not want the punishment of the defendant; the defendant recognizes and reflects his mistake; and the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime; and circumstances revealed in the arguments of this case, such as the circumstances after the crime, etc.