The sentence of sentence against the defendant shall be suspended.

The number of seized sound recording machines (M Q-300) shall be confiscated (No. 1).

Punishment of the crime

To the extent that it does not interfere with the defendant's right of defense, part of the facts charged was appropriately revised.

No person shall record or listen to conversations between others that are not open to the public without going through the Protection of Communications Secrets Act, the Criminal Procedure Act or the Military Court Act.

Nevertheless, the Defendant recorded the contents of conversations between D and the Defendant’s husband E by using a tape recorder in “C” located in Seo-gu Incheon Metropolitan City between February 2018 and June 2018, and the same year.

6.9.Rabling and similar year.

7.5.Between D and E in the same manner, recording the contents of conversations.

Accordingly, the Defendant recorded a conversation between others that is not open to the public.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on dialogue recording

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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes by each penalty provided for in the Protection of Communications Secrets Act around July 5, 2018, which is the largest penalty);

1. Article 53, Article 55(1)3, and Article 55(1)5 of the Criminal Act for discretionary mitigation (with respect to imprisonment, consideration of favorable circumstances among the following reasons for sentencing):

1. Six months of imprisonment to be suspended and one year of suspension of qualifications;

1. Article 59 (1) of the Criminal Act of the Suspension of Pronouncement of Sentence (hereinafter referred to as the following favorable circumstances among the reasons for sentencing);

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

1. Scope of punishment by law: Imprisonment with prison labor for six months to seven years, suspension of qualifications for one year to seven months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence: The act of recording conversations between other persons without permission between the suspension of sentence (the term of imprisonment with prison labor for a period of six months, suspension of qualification for one year) shall not be deemed to be that the liability for such crime is less severe than that of privacy;

The Defendant committed the instant crime.