The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months and suspension of qualifications for a year.

except that this judgment.

1. The decision of the court below on the gist of the grounds for appeal (the sentenced sentence for three months of imprisonment and six months of suspension of qualifications) is deemed to be too uneasy and unfair;

2. Before making a judgment on the grounds for appeal by a prosecutor ex officio, the instant crime is an offense subject to imprisonment with prison labor for not more than ten years and suspension of qualifications for not more than five years pursuant to Articles 16(1)1 and 3(1) of the former Protection of Communications Secrets Act (amended by Act No. 1229, Jan. 14, 2014; hereinafter the same). According to Article 44(1) of the Criminal Act, the lower limit of suspension of qualifications is one year or more.

Nevertheless, the lower court determined the Defendant’s imprisonment with prison labor for three months and suspension of qualifications for six months, and thus, rendered a suspended sentence, the lower court became unable to maintain any further.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the ground of the above ex officio reversal, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act refers to the Defendant’s act of recording the conversations of the victims by installing a tape recorder in the set room used by female employees in order to hear the conversations of female employees. The crime of this case is not very good. Article 16(1)1 of the former Protection of Communications Secrets Act provides that such crime shall be punished by imprisonment with prison labor for not more than ten years and suspension of qualifications for not more than five years. Article 16(1)1 of the same Act provides that the aforementioned crime shall be punished further.