Husband Installed Recorder in Wife's Car During Divorce Lawsuit... Court Suspends Prison Sentence
A husband who secretly recorded conversations by installing a 'cigarette lighter jack recorder' in his wife’s car during their divorce lawsuit was sentenced to a suspended prison term.
The Chuncheon District Court Criminal Division 2 (Presiding Judge Lee Young-jin) announced on the 30th that A (44), who was indicted for violating the Protection of Communications Secrets Act, was sentenced to 6 months in prison with a 1-year suspension and a 1-year disqualification.
A was prosecuted for plugging a 'cigarette lighter jack recorder' into the interior of his wife B’s car in September last year and recording conversations between B, their son, and B’s older brother.
At the time of installing the recorder, A had filed a divorce lawsuit against B and a damages claim lawsuit against a man suspected of having an affair with B.
The court pointed out, "Recording private conversations between others without their consent is not a minor offense considering the circumstances and content of the crime, as well as the need to protect privacy and the secrecy and freedom of communication."
It added, "The defendant admitted to the crime and has no prior criminal record. Considering the period and frequency of the recordings, the degree of invasion of the victim’s privacy does not appear to be very severe, and there is no evidence that the recorded files were disclosed or leaked elsewhere," explaining the reasons for sentencing.
Article 3 (Protection of Communication and Conversation Secrets) Paragraph 1 of the Protection of Communications Secrets Act prohibits recording or listening to private conversations between others without legal authorization under the Protection of Communications Secrets Act, the Criminal Procedure Act, or the Military Court Act.
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Violations are punishable under Article 16 (Penalties) Paragraph 1 of the same law by imprisonment for 1 to 10 years and disqualification for up to 5 years. The 6-month suspended sentence given to A appears to be the result of a reduction in punishment.
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