The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant reported his marriage to his wife C and April 2003, and from May 2015 to May 2015, the divorce lawsuit is pending.

On February 16, 2015, the Defendant, at around 23:00, recorded the phone calls of men with C and nameless, by installing a small tape recorder on the boundary of the said residence, suspected of suspicion of the appearance of C, and installing a small tape recorder on the boundary of the said residence.

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 to C by the police;

1. Application of Acts and subordinate statutes to a transcript;

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

1. Article 53 and Article 55 (1) 3 and 5 of the Criminal Act for discretionary mitigation;

1. Article 59 (1) of the Criminal Act of suspended sentence;

1. The crime of this case on the grounds of imprisonment with prison labor for six months to be suspended, suspension of qualification for one-year sentencing is a recording of the monetary content without permission by the defendant in order to verify his/her spouse’s external appearance. The act of recording conversations between the spouse and the other spouse not disclosed even in a social situation where the need to guarantee his/her privacy and freedom is more emphasized, cannot be deemed to be the case’s liability.

However, there is no particular history of punishment except for the defendant's time to commit the crime of this case and was sentenced to a fine twice prior to the crime of this case.

In order to confirm whether or not the defendant committed the instant crime, the circumstances leading to the instant crime were to be considered, and the frequency of the crime was also limited to once.

Furthermore, in light of the motive and circumstances leading to the crime, it is judged that the defendant has no risk of recidivism.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, character and conduct, environment, means and result of the crime, the circumstances after the crime was committed, and all the sentencing conditions specified in the whole pleadings.