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

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

Punishment of the crime

On June 7, 2012, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution at the Seoul Central District Court on June 24, 2015, and the said judgment became final and conclusive on June 24, 2015.

The defendant is the spouse of the victim D(n, 47 years of age) and is currently in a divorce lawsuit with the victim.

1. Violation of the Protection of Communications Secrets Act and intrusion upon residence;

(a) No person who violates the Protection of Communications Secrets Act by installing a tape recorder at a female video room shall record or listen to conversations between others that are not open to the public, unless it is prescribed by Acts;

Nevertheless, around October 17, 2012, the Defendant: (a) partially opened a part of the lower part of a room for female use used by the victim D at the Defendant’s home located in Gangnam-gu Seoul E apartment 23 Dong 1101, Gangnam-gu, Seoul, and installed one digital tape recorder; (b) recorded the conversation between the victim and a third party until October 20 of the same year; and (c) heard the contents of the conversation stored in the digital tape recorder.

(b) No person shall record or listen to a conversation between others that is not open to the public by installing a tape recorder at a piano teaching school, or between other persons, unless otherwise prescribed by Acts;

Nevertheless, at around October 30, 2012, the Defendant entered the victim's compacty officetels 1105 operated by the victim D in Songpa-gu Seoul Metropolitan Government Ftel 07:25 to install a digital tape recorder, and installed one digital tape recorder after the victim's cell amount and recorded the conversation between the victim and the third party until the victim discovered the tape recorder on the same day.

2. On December 23, 2012, from around 02:00 to 03:00, the injured Defendant: (a) at the Defendant’s house located in Gangnam-gu Seoul Gangnam-gu apartment 23 dong 23 dong 1101, expressed a dispute with the victim D with respect to marriage life; (b) went beyond the floor by pushing the female’s shoulder with his hand; and (c) opened the victim beyond the floor.