[Gunsan Criminal Defense Attorney Assistance Case] With the Assistance of a Gunsan Criminal Defense Attorney, a Client Who Violated the Protection of Communications Secrets Act Receives a Suspended Sentence

The client who requested the assistance of the Gunsan criminal defense attorney had been charged with a violation of the Protection of Communications Secrets Act.

The client saw her husband contacting the affair partner, suspected an affair, and pressed him about it.

The husband said, ‘If you suspect it, follow me and check for yourself,’ and went to a cafe to meet the affair partner.

The client followed her husband and used her own cell phone to record the private conversation between her husband and the affair partner.

She was then charged by her husband and came to the Gunsan criminal defense attorney at Daeryun Law Firm to defend against punishment for the violation of the Protection of Communications Secrets Act.

■ Statutes Related to the Case, as Explained by the Gunsan Criminal Defense Attorney

Protection of Communications Secrets Act

▶ Criminal Act Article 3 (Protection of the Secrecy of Communications and Conversations)

(1) No person shall, except as provided in this Act, the Criminal Procedure Act or the Military Court Act, censor mail, wiretap telecommunications, provide communication confirmation data, or record or listen to a conversation between others that has not been made public.

▶ Criminal Act Article 16

(1) A person falling under any of the following subparagraphs shall be punished by imprisonment of not less than one year and not more than 10 years and by suspension of qualifications for not more than five years.

1. A person who, in violation of the provisions of Article 3, censors mail or wiretaps telecommunications, or records or listens to a conversation between others that has not been made public

2. A person who discloses or divulges the content of communications or conversations learned under subparagraph 1

The client's husband consented to the client's recording in order to prove that he had not engaged in any affair.

However, it was discovered that the husband had in fact maintained an inappropriate relationship with the affair partner.

The Gunsan criminal defense attorney argued that the client had witnessed her husband's affair and that her purpose was to secure evidence of that fact.

The client had no record of criminal punishment, nor even of having been investigated.

The Gunsan criminal defense attorney emphasized that the client was a member of society who had lived diligently.

The client, who had had no awareness at all regarding unlawful recording, argued that she had now clearly recognized and was reflecting on her error as a result of this matter.

The Gunsan criminal defense attorney reviewed the recording file. The recording file was mixed with noise, and the conversation could not be heard.

For this reason, the attorney pointed out that it could not be regarded as a recording of a ‘conversation’ and argued that the conduct had remained an attempted recording.

The client who came to the Gunsan criminal defense attorney had been charged with a violation of the Protection of Communications Secrets Act for recording a conversation between her husband and the affair partner.

With the assistance of the Gunsan criminal defense attorney at Daeryun Law Firm, she succeeded in defending against punishment in the Protection of Communications Secrets Act lawsuit and was able to receive a suspended sentence.

At Daeryun Law Firm, criminal defense attorneys with extensive expertise assist clients.

If you are concerned about a situation similar to that of the client above, you may request the assistance of the Gunsan criminal defense attorney at Daeryun Law Firm at any time.