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

The sentence of imprisonment shall be suspended against the defendant.

A seized recorder;

Punishment of the crime

The defendant is a person who was the head of the management office of the military apartment C in the military city.

Anyone shall be prohibited from recording conversations between other persons that are not open to the public without going through the provisions of Acts, such as the Protection of Communications Secrets.

Nevertheless, when the defendant had conflicts with the Election Management Committee in relation to the special election of the representatives of apartment occupants, the defendant tried to record the dialogue between the election management members in order to prepare for disputes between the election management members and the election management members in the future.

On December 13, 2016, at around 16:00, the Defendant installed a tape recorder (SOY, ICD-UX560F) purchased from the above apartment management office below the public table bridges inside the above apartment management office, and recorded conversations between D, E, and F.

The defendant recorded a conversation between others that is not open to the public.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each police statement made with respect to E and D;

1. A protocol of seizure and a list of seizure;

1. Recording notes (the page of the investigation records, No. 85-91, 214-221);

1. A copy of a photograph taken at the place in which a tape recorder was installed;

1. Application of the Acts and subordinate statutes to investigation reports (verification of contents recorded by suspect A tape recorders);

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

1. Six months of imprisonment to be suspended;

1. Article 59 (1) of the Criminal Act of the Suspension of Pronouncement of Sentence (The following consideration has been made for a favorable reason 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 not less than six months but not more than five years, suspension of qualifications for not more than two years and not more than six months;

2. The sentencing criteria are not set for a violation of the Act on the Protection of Communications Secrecy: Imprisonment with prison labor for a period of six months, suspension of qualifications for a period of one year disadvantageous to suspension of qualifications: Apartment as the head of the management office;