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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
No person shall record or listen to conversations between others that is not open to the public.
Nevertheless, the Defendant, at around 17:00 on May 25, 2017, recorded a conversation with the public official E of the Gun office, G, and the head of the management office H, who visited the management office as a civil petition related to the process of the representative election at the Daegu-gu apartment management office, from the E and F, and G to the effect that “I cannot participate in an investigation other than the management office H, and there is a change from outside,” and the head of the management office, who received a request for withdrawal from the public official of the E and F, and the head of the management office, to confirm what purpose the Defendant responded to the above public official.
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 with H;
1. A statement of each fact by I and J;
1. The investigation report (the list Nos. 9);
1. Mobile phone photographs;
1. Application of Acts and subordinate statutes governing recording records;
1. Article 16 (1) 1 and Article 3 (1) of the Act on the Protection of Communications Secrets of the relevant Act on criminal facts;
1. Article 53 and Article 55 (1) 3 and 5 of the Criminal Act to mitigate small amount;
1. Reasons for sentencing under Article 59 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing under the following subparagraphs): (The punishment to be suspended: Imprisonment with prison labor for a period of six months, suspension of qualifications for six months);
1. Scope of punishment by law: Imprisonment with prison labor for a period of six months to five years, suspension of qualifications for six months to two years;
2. No sentencing criteria shall be set;
3. Determination of sentence: The instant crime of suspended sentence is recorded by the Defendant in a conversation between others that is not open to the public by means of a mobile phone recording function, which constitutes an act of seriously infringing on the freedom of communication or the right to privacy.
However, the defendant confessions the crime of this case and reflects his fault in depth, and the defendant is the head of the apartment management office as the general secretary of the resident representatives' meeting as the whole interest of the representative of the apartment building.