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

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

Punishment of the crime

To the extent that it does not interfere with the defendant's right of defense, part of the facts charged was appropriately revised.

No person shall censorship any mail, wiretapping any telecommunications, provide communication confirmation data, record or listen to conversations between others that are not open to the public without recourse to the Protection of Communications Secrets Act, the Criminal Procedure Act or the Military Court Act.

On May 20, 2019, from around 15:00 to 15:50 on the same day, the Defendant entered the content of five conversations, such as the victim, etc., in the office of real estate sales in Seo-gu Incheon, Incheon, from around 15:00 to around 15:50 on May 20, 2019, in order to communicate that the Defendant, who had a low performance in the victim D and construction experts, left the office to the employees of the sales team, such as the Defendant, was defective, and used the recording function of his cell phone for the purpose of facing the above dialogue, and recorded the contents of five conversations from the office.

In this way, the defendant recorded a conversation between others that is not open to the public.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of the Act and subordinate statutes to investigation reports (verification of Suspect A's Illegal Recordings);

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 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62(1) and (2) of the Criminal Act (with respect to imprisonment, repeated consideration of favorable circumstances among the following reasons)

1. Scope of a statutory penalty: Imprisonment with prison labor for up to six months and suspension of qualifications for a period of one year and Article 44(1) of the Criminal Act for a period of one year set the lowest limit of suspension of qualifications for a period of one year, and no separate provision exists regarding mitigation of a lower limit, unlike a fine; or

2 years and six months;

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

3. Determination of sentence: Imprisonment for six months, suspension of execution and suspension of qualifications; and