The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

1. Anyone who violates the Protection of Communications Secrets Act shall be prohibited from censorship of mail, wiretapping telecommunications, provision of communication confirmation data, or recording or listening to conversations between others which are not open to the public, without recourse to the Protection of Communications Secrets Act, the Criminal Procedure Act or the Military Court Act;

Nevertheless, around August 16, 2018 and around the 20th day of the same month, the Defendant installed a tape recorder and recorded the conversations between C and D with the Defendant’s wife in Jincheon-gun, Jincheon-gun, Jincheon-gun, under suspicion of the appearance of C.

2. No person who violates the Act on the Protection and Use of Location Information shall collect, use, or provide location information of the individual without consent of the individual;

Of the facts charged, “no person shall collect, use, or provide the relevant personal location information without the consent of the subject of personal location information,” but Articles 40 subparag. 4 and 15(1) of the former Act on the Protection, Use, etc. of Location Information (amended by Act No. 15608, Apr. 17, 2018) apply to this part of the crime, such as the stated “Application of the Act” as stated in the judgment, as long as the basic facts are identical and the exercise of the defendant’s right to defense is not likely to be substantially disadvantaged, the crime is modified and recognized as stated in its reasoning.

Nevertheless, around August 2018, the Defendant collected C’s location information by attaching a location tracking device to E-PP car driven by the said C, which was parked in Jincheon-gun, Jincheon-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of recording records, location tracking device photographing statutes;

1. The relevant Article of the Protection of Communications Secrets Act and the selection of punishment for an offense consisting of, and inclusive of, the recording of closed-disclosure between others under Article 16(1)1 and the main sentence of Article 3(1) of the Protection of Communications Secrets Act;