The sentence of sentence shall be suspended for the defendant.

The seized USB type recorder (No. 1) shall be confiscated.

Punishment of the crime

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

Nevertheless, at around 09:00 on July 11, 2019, the Defendant opened one USB type tape recorder in front of the president's office in Ulsan-gu C, Ulsan-gu, Ulsan-gu, and recorded conversations between C Representative D, its employees E, F, G, and H on the same day at around 12:06 on the same day.

Accordingly, 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. A complaint;

1. Seizure record and list;

1. Investigation report (Submission of materials by a complainant);

1. Application of the Acts and subordinate statutes to photographs, recording records, CDs;

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. Six months of imprisonment to be suspended and one year of suspension of qualifications;

1. Article 59 (1) of the Criminal Act of the Suspension of Sentence (hereinafter referred to as the following circumstances for sentencing), whichever is favorable;

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment for six months to five years, suspension of qualifications for one year to five years; and

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

3. The crime of this case committed by the Defendant, who recorded a conversation between others that was not open to the public by using a tape recorder, constitutes a serious infringement of the freedom of communication or right to privacy.

Nevertheless, the defendant did not receive a letter from the parties to the conversation recording.

However, in light of the fact that the defendant recognized the crime of this case and reflects his mistake, and the circumstance that the defendant recorded conversations between others, there are some circumstances to consider the motive of the crime, there is no record of the crime exceeding the fine, and the defendant's age, character, conduct and behavior.