The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

On March 29, 2017, the Defendant came to know of the fact that the Defendant recorded the conversation between the kindergarten teachers including the victim and the Defendant by using the Handphones of the victim in the C kindergarten located in the Young-gu, Gangwon-gu, Gangwon-gu, Seoul around 11:00, the Defendant want to report the victim’s children’s photograph.

“Along with the fact that a victim caused a Handphone, the media records, such as electronic records, were destroyed by removing several recording files, such as a recording file, stored in a Handphone.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Each police statement made to D or E;

1. The structure of the teaching room structure [the defendant and defense counsel have been stored in a Handphone of the victim;

The deletion of a recording file asserts to the effect that it constitutes a legitimate defense or a legitimate act or mistake of law under Article 16 of the Criminal Code.

First, according to the evidence duly adopted and examined by this Court as to whether the defendant constitutes a legitimate defense or a legitimate act, the victim D recorded the contents of the conversation that he/she participated and cannot be deemed illegal, and at the time, there was an urgent and inevitable circumstance to delete the recording file owned by the defendant at his/her own discretion without the consent of the victim.

Therefore, it cannot be seen that the defendant's act constitutes a justifiable act that does not violate the defense of the party or the social norms to defend the current unfair infringement.

B. According to Article 16 of the Criminal Code, the act of misunderstanding that his act does not constitute a crime under the law shall be punishable only when there are reasonable grounds for misunderstanding. However, in light of the circumstances where the defendant deleted the recording file stored in the Handphone of the victim, there are reasonable grounds to believe that the act of misunderstanding that the defendant's act of deleting the recording file is naturally allowed.