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 one year from the date this judgment becomes final and conclusive.

Punishment of the crime

No person shall record or listen to conversations between others that are not open to the public without recourse to the Act on the Protection of Communications Secrets, criminal litigation or military court law.

Defendant was in the past relationship with the Defendant in 2019.

B, under the driver's seat plate of C Spops used by B, a certified XPOD small tape recorder was attached to the tape, and recorded an unpublic conversation between B and D, done between June 15, 2019 to June 16, 2019, by using a recording function.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A seizure report (voluntary submission) and a sound recording file of a seizure list;

1. Application of Acts and subordinate statutes to photographs of tape recorderss;

1. Article 16 (1) 1 and the main sentence of Article 3 (1) of the Protection of Communications Secrets Act (limited to the punishment of imprisonment with prison labor and suspension of qualification) concerning facts constituting an offense;

1. Article 53, Article 55 (1) 3, and Article 55 (1) 5 of the Criminal Act (The following favorable circumstances among the grounds for sentencing)

1. Articles 62(1) and 62(2) of the Criminal Act (with respect to imprisonment, repeated consideration of favorable circumstances among the reasons for the following sentencing) of the suspended sentence

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for up to six months and suspension of qualifications for one year may not be mitigated to less than one year, in light of Articles 42, 44(1), and the proviso to Article 45 of the Criminal Act, even if the punishment of suspension of qualifications for one year is mitigated pursuant to Article 55(1)5 of the Criminal Act; or

2 years and six months;

2. Scope of recommended sentences according to the sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for one year, and suspension of qualification for the crime of this case in the past;

A tape recorder was installed in a vehicle used by B and recorded a conversation between B and third parties. It infringed on the privacy and freedom of communication of the parties to the above conversation, and communication between individuals belonging to private areas is part of privacy.