The punishment of the accused shall be six months of imprisonment and suspension of qualifications for one year.

However, the period of one year from the date this judgment becomes final and conclusive.

Criminal facts

The defendant was married on June 27, 2014 with the victim C in a marital relationship.

No person shall record or listen to a conversation between others that is not open to the public.

Nevertheless, the Defendant, at around 08:00 on April 23, 2017, recorded a small tape recorder in the Defendant’s house located in Kumi-si, Sinsi, for the purpose of securing evidence regarding the victim’s inhumane relationship, and installed a tape recorder to record the victim’s conversations between others, including the victim, in a summary room located in the inner room. On the same day, around 08:14 on the same day, the Defendant recorded the voice of the victim in a nameless and monetary currency and recorded a conversation between others not open to the public.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against C;

1. The application of investigation reports (related to the submission of a recording file by a victim, illegal recording materials, and verification materials of unlawful recording), and the application of application of the provisions of Acts and subordinate statutes to sound recording apparatus, sound recording apparatus, and sound recording apparatus;

1. Article 16 (1) 1 and the main sentence of Article 3 (1) of the Act on the Protection of Communications Secrets concerning facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for the suspended sentence under Articles 62(1) and 62(2) of the Criminal Act (the grounds for the following sentencing, whichever is favorable)

1. Scope of punishment by law: Imprisonment with prison labor for not more than six months but not more than five years and suspension of qualifications for not more than two years and six months;

2. The scope of the recommended sentencing criteria is not set.

3. Determination of sentence: The act of recording conversations between six months of imprisonment (one year of suspended sentence) and other persons whose qualification suspension is not disclosed one year, is called one's own spouse even if the dialogue party is involved;

Even if it violates the privacy and freedom of privacy, the responsibility for the crime is not easy.

However, the defendant, as an initial crime with no criminal history, has committed a crime against his or her own mistake and has not committed a second offense.

In addition, there are circumstances that can be taken into account as well as the circumstances in which the defendant committed the instant crime.