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

Anyone shall be prohibited from censorship of mail, wiretapping electronic telecommunications or recording or listening to conversations between others that are not open to the public, except as prescribed by Acts.

Nevertheless, on November 9, 2017, at the Defendant’s residence located in Young-gu, Suwon-si, Suwon-si, the Defendant set up a fluoral system in which real-time recording is possible on the mobile phone owned by C, the husband, and recorded the contents of the conversation between C and D five times in total from that time to December of the same month, through the Defendant’s cell phone.

Accordingly, the defendant listened to and recorded 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. Investigation report (to attach sound recording files CDs);

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. The main text of Article 16(1)1 and Article 3(1) of the former Protection of Communications Secrets Act (amended by Act No. 15493, Mar. 20, 2018) (amended by Act No. 15493, Mar. 20, 2018) concerning criminal facts are as follows.

However, this is a single and continuous criminal act with a single and continuous criminal intent to peep the contents of the C’s dialogue, and it is not different from the benefits of the damage.

Therefore, each crime in the holding constitutes a single comprehensive crime.

(i) both imprisonment and suspension of qualifications as necessary.

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (with respect to imprisonment, consideration of favorable circumstances among the following 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 punishment by law: Imprisonment for not more than six months but not more than five years and suspension of qualifications for not more than five years;

2. Scope of recommended sentences according to the sentencing criteria: The same shall not apply to cases where the sentencing criteria are set.

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution (one year), and suspension of qualifications for one year;