A defendant shall be punished by imprisonment for six months and suspension of qualifications for one year.

However, the above imprisonment for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No person shall record a conversation between others that is not open to the public without going through the Protection of Communications Secrets Act, the Criminal Procedure Act or the Military Court Act.

Nevertheless, on October 2018, the Defendant thought that he would secure B’s non-wheeled evidence, who is a spouse, and concealed the tape in the Et XG vehicle owned by the victim D, the other party to the non-wheeled debt in Dobong-gu Seoul Metropolitan Government, and recorded the contents of telephone communications that was not disclosed between the victim and B around that time.

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. Recording notes, telephone records, CDs;

1. Application of motor vehicles and black stuffs, the appearance of black stuffs, and the laws and regulations on video stuffs;

1. Articles 16(1)1 and 3(1) of the Protection of Communications Secrets Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 and 5 of the Criminal Act for discretionary mitigation;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure is a recording of the contents of conversation between the victim and his/her spouse by hiding the recording machine on the victim’s vehicle and recording the contents of conversation between the victim and his/her spouse. As such, the victim’s privacy and freedom was infringed. However, the criminal liability is

However, the defendant, as the first offender, recognized the crime of this case and reflects it.

The defendant, who had been living together with himself for a long time, was identified as a divorce suit against his spouse's influence, and was committed in mind in order to find direct evidence during the lawsuit of claiming consolation money against the victim who is a member of the church in which the defendant was enrolled, which led to the crime of this case.

In addition, the punishment shall be determined as per the order, comprehensively taking into account the various circumstances that are conditions for sentencing, such as the age, character and conduct, environment, and motive, means, and methods of the crime.