A defendant shall be punished by imprisonment for six months and suspension of qualifications for one year.

However, the above imprisonment for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Anyone shall be prohibited from censorship of mail, wiretapping telecommunications, providing communication confirmation data, or recording or listening to conversations between others that are not open to the public, unless it is prescribed by the relevant Acts and subordinate statutes.

From June 201 to July 201, 201, the Defendant, as a taxi company, was a person who worked in D, a taxi company, from June 201 to the end of July 201, and around October 20:34, 201, the Defendant, at his own discretion, recorded conversations between others by recording the above F and G, etc. using a mobile phone recording function, knowing the fact that F are drinking alcohol with F, a mobile phone, at the Defendant’s dwelling located in 1205 Dong-gu, Nam-gu, Incheon, Incheon, and at the Defendant’s dwelling in 1204 Dong-gu, 304, while telephone call was finished, while the phone was not cut off.

Summary of Evidence

1. Defendant's legal statement;

1. Each interrogation protocol of the prosecution against H and I;

1. Statement by the prosecution against J and K;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the list of persons who attend the meeting;

1. Articles 16(1)1 and 3(1) of the Protection of Communications Secrets Act concerning criminal facts;

2. Mitigation of discretionary mitigations under Articles 53, 55(1)3 and 55(1)5 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following).

1. The scope of punishment by law: Imprisonment for not less than six months but not more than five years and suspension of qualifications for not more than two years and not more than six months;

2. Non-application of the sentencing criteria (no sentencing criteria are set);

3. Determination of sentence: Imprisonment with prison labor for six months, one year of suspended sentence, and one year of suspended qualification, the defendant recorded approximately fifty minutes of conversations between others using the recording function of mobile phones.

In the present situation where the violation of privacy and freedom of privacy is emerging as a serious social problem, the responsibility of the accused for the crime is not easy.

In addition, the defendant did not submit the recording file after the recording of this case to the trade union election commission.