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

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

Punishment of the crime

No person shall record or listen to conversations between others that are not open to the public without recourse to the Act on the Protection of Communications Secrets, criminal litigation or military court law.

Nevertheless, on June 7, 2016, from around 19:00 to 08:30 on the following day, the Defendant recorded conversations between the victim E and the victim F by operating the recording function of the mobile phone owned by the Defendant at the D CCTV office located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul and leaving this on his/her book.

On June 8, 2016, the Defendant continued to record the conversations between the victims in the same manner from around 11:00 to 12:30.

The defendant recorded a conversation between others that is not open to the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on recording;

1. Article 16 (1) 1 of the Act on the Protection of Communications Secrets and the main sentence of Article 3 (1) of the same Act concerning facts constituting an offense (in combination, suspension of qualifications concurrently);

1. Article 53, Article 55 (1) 3, and Article 55 (1) 5 of the Criminal Act (The following favorable circumstances among the grounds for sentencing)

1. As to a violation of Article 62(1) of the Criminal Act on the suspension of execution (in regard to imprisonment, a sentence shall be imposed without the application of the sentencing criteria, since the sentencing criteria are not set for the crime of violation of the Communications Secrecy Protection Act for the reason of sentencing.

1. The scope of punishment: Imprisonment for not less than six months but not more than five years and suspension of qualifications for not more than two years and not more than six months;

2. The violation of privacy and freedom of decision-making has emerged as a serious social issue, and the necessity of protection has increased. As such, the crime of this case is that the Defendant recorded conversations between others that have not been disclosed using the mobile phone recording function, and the crime of this case is not less than those against the Defendant, in light of the circumstances unfavorable to the Defendant, while the Defendant did not have any criminal record.