The prosecutor's appeal is dismissed.

1. In light of the summary of the grounds for appeal: (a) the fact that the Defendant recorded and heard conversations between G and H that were not disclosed around April 20, 201, is recognized.

However, the judgment of the court below is erroneous in finding a not guilty of the facts charged in this case.

2. In light of the following circumstances, the court below's determination and the court below's finding the Defendant not guilty of the facts charged of this case on the grounds as stated in its holding, and there is no error of law by mistake of facts, as well as by mistake of facts.

Around April 20, 201, the Defendant made a statement in D, H, and G as evidence that he/she recorded and heard the contents of conversation between G and H using a tape recorder on April 20, 201, consistent with the facts charged in this case.

However, D's statement, the representative director of E's E's company, is merely that the E's employees' rest room installed a tape recorder and ordered I to remove it, and it did not confirm whether it works or the detailed contents of recording.

The statement of H and G, which was a driver of the E-listed corporation, was that the Defendant recorded and heard the conversation of H, etc. around April 20, 2011, on or around April 20, 201, the CCTV installed in the membership rest room, as a newspaper site, and the Defendant spambling to H, etc. on or around April 21, 201.

However, this is merely merely a side of H and G's trend, and there was no record of H and G's operation of the recorder, specific contents of recording, etc.

Rather, according to the statements and images of the evidence Nos. 1-2 and 1-2, the Defendant participated in the education of the labor-management representative organized by the Daegu Regional Headquarters of the FF trade union from April 20, 201 to February 22, 201 and recognized the fact that the Defendant was high in Gangwon-do.

On the other hand, the Defendant had a 3 cable connected to a recording machine around July 4, 2010.