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

The defendant is married to B, and C is a space between B and B.

No person shall record a conversation between others that is not open to the public or listen to it through the use of electronic or mechanical devices.

Nevertheless, around December 29, 2017, the Defendant, at the Defendant’s house located in the Da apartment apartment E in the Gunsan-si, recorded multiple dialogues and conversations between B and C, which were divided by B and C from December 29, 2017 to January 2, 2018, on the ground that B wishes to be aware that he was negligent in his husband’s home, and wishes to be aware that B would act and walk outside the country, and that B and C went into two lanes of sexual traffic.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of a record of telephone conversations between the defendant and the complainant C);

1. Article 16 (1) 1 of the Protection of Communications Secrets Act and the main sentence of Article 3 (1) of the same Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for suspended sentence which are advantageous to the two sentences);

1. Scope of punishment by law: 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. 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 for one year, and suspension of qualification for one year which are disadvantageous to: The instant crime recording of conversations between the Defendant and others that are not yet disclosed by installing a tape recorder, which imposes serious restrictions on the confidentiality and freedom of privacy, and thus, the criminal liability is not weak.

The defendant does not have any previous conviction, recognize the crime of this case, and reflects his mistake.