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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for one year and suspension of qualifications for one year.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that Defendant B (unfair punishment) was found to have been wrong when the Defendant was in the trial, there are circumstances to consider the motive or background of the instant crime, and that the Defendant was a primary offender, the punishment imposed by the lower court against the Defendant (one year of imprisonment and one year of qualification suspension) is too unreasonable.
B. Defendant D (Definite and misunderstanding of legal principles) was not involved in the recording of Defendant B’s recording, and the contents of conversations recorded in the recording file received from the above B are important to demand the formation of public interest and public opinion in relation to the important public interest. Since additional damages to Jeju-do residents are clearly expected to be incurred, the Defendant’s act constitutes a justifiable act under Article 20 of the Criminal Act, and thus, the illegality is dismissed.
Nevertheless, the lower court found the Defendant guilty of the facts charged, thereby adversely affecting the conclusion of the judgment by misapprehending the legal doctrine.
2. Determination
A. The crime of this case as to Defendant B’s reasons for appeal is a very poor crime since the Defendant’s unlawful recording of the contents of conversation between others for a considerable period of time and providing a large part of the recording files containing the contents of the conversation to Defendant D, etc., thereby disclosing and divulging the contents of conversation.
G and I seems to have suffered a big mental pain due to the above crimes committed by the defendant.
In particular, the above I seems to be damaged because some of the above dialogues are reported to the local media with its real name and several times.
However, on the other hand, the defendant shows his attitude of misunderstanding all of his wrongs in the trial, and the above I sees the defendant and the defendant's wife.