Husband secretly recorded his wife to reveal her affair... Prosecutor's Office, non-indictment

Installing a tape recorder in wife's car to secure evidence of affair during divorce proceedings

A man who installed a recording device in his wife's car to secure evidence while he was filing for divorce from his wife, who had had inappropriate relationships with several men, was not indicted.

The Busan District Prosecutors' Office's Eastern Branch announced on the 30th that it had suspended indictment against Mr. A, who was suspected of violating the Communications Secrets Protection Act. Unlike acquittal, deferred prosecution is a disposition in which the charge is acknowledged but is not brought to court after taking into account the circumstances.

On May 22 last year, Mr. A attempted to record an undisclosed conversation between others by installing a mobile phone with the recording function turned on in his wife B's vehicle, but ended up failing and was handed over to the prosecution on charges of violating the Communications Secrets Protection Act.

At the time, Mr. A was in the middle of a divorce suit with Mr. B, and it was found that Mr. A committed this crime in order to secure evidence to be used in the lawsuit after learning that B had been dating several men.

During the prosecution's investigation, Mr. A's legal representative claimed that Mr. A committed the crime accidentally after confirming that Mr. B was having an affair, that the crime was only attempted after being discovered by Mr. B immediately after installing the device, and that Mr. A is fully responsible for raising the young children as a caregiver and guardian.

The prosecution decided not to indict Mr. A, taking into account the fact that he has no history of criminal punishment, that he is likely to have difficulty in economic activities if he is punished, and that Mr. A regrets his crime and pledges to do his best to raise his children.

The legal representative in the caseSenior lawyer Jang Eun-min of Daeryun Law Firm (Limited) said, "Secretly recording phone calls between others is not a light crime, regardless of the motive. However, in this case, the crime was committed accidentally in order to secure evidence in a situation where one could suspect that one's spouse was cheating." He added, "We helped to take into account the fact that he had to suffer greatly mentally after learning of his spouse's affair and that he was a caregiver raising young children, so we decided not to indict him. “I was able to receive it,” he said.

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