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(영문) 인천지방법원 2013.11.14 2013고단6427

간통

Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A on March 28, 2013, at the Incheon District Court sentenced a three-year suspended sentence of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) and the said judgment became final and conclusive on October 25, 2013.

The defendant is a spouse who has completed a marriage report with C around January 16, 2008.

On August 17, 2013, between 02:00 and 03:00, the Defendant sent to E with the Defendant’s home of Seo-gu Incheon Metropolitan City Drain Establishment Operation 102.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement concerning F;

1. Complaint;

1. Previous convictions in judgment: Criminal records, investigation reports, copies of judgment, application of Acts and subordinate statutes concerning defendant's statutory statements;

1. Article 241 of the Criminal Act applicable to the crimes: Article 241 (1) of the Criminal Act;

1. Concurrent treatment: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Suspension of execution: It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the fact that the defendant both recognized the facts charged and is in violation of depth, circumstances leading to the crime, and ex post facto concurrent crimes);