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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Anyone shall be prohibited from censorship of mail, wiretapping telecommunications, providing communication confirmation data, or recording or listening to conversations between others that are not open to the public, unless it is prescribed by the relevant Acts.
Nevertheless, the Defendant, around October 2014, recorded the contents of conversation D, E, F, and G in advance, set up under the tables at the selling office of Changwon-si, Changwon-si B, and C, which was set up in advance.
The defendant recorded a conversation between others that is not open to the public.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. Application of Acts and subordinate statutes governing recording records;
1. Articles 16(1)1 and 3(1) of the Protection of Communications Secrets Act (Amended by Act No. 15493, Mar. 20, 2018) concerning criminal facts
1. Article 53, Article 55 (1) 3, and 5 of the Discretionary Mitigation and Mitigation Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):
1. Reasons for sentencing under Article 62 (1) and (2) of the Act on the Suspension of Execution (with respect to imprisonment, repeated circumstances favorable to the following reasons for sentencing):
1. Scope of punishment by law: Imprisonment with prison labor 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 scope of the recommended sentencing criteria according to the sentencing criteria is not set.
3. The sentencing conditions of the instant case, including the Defendant’s age, character and conduct, environment, motive, method and circumstance after the commission of the crime, etc., are considered as favorable circumstances for the Defendant, and the Defendant has no criminal records that exceed the same criminal records or fines, etc., shall be determined like the order, comprehensively taking into account the following factors:
It is so decided as per Disposition for the above reasons.