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(영문) 수원지방법원 안산지원 2014.07.21 2014고단757

간통

Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. Defendant A is a spouse who has completed a marriage report with E on December 23, 2008.

On May 22, 2013, the Defendant, at F, F, 302 Defendant’s home, sent to B with her gender one time from May 22, 2013.

2. Defendant B

A. The Defendant knew that he was a spouse of the above A, and had sexual intercourse with A one time at the time and place specified in paragraph (1).

B. On May 22, 2013, around 23:00, the Defendant entered the victim’s house E with a view to passing and passing between A and the victim’s house.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness E;

1. The prosecutor's protocol of interrogation of the Defendants (including E statements)

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Requests for appraisal, reports on appraisal and reports on appraisal;

1. A E-document;

1. The details of telephone conversations (A) and recording (only the defendant A);

1. Application of each statute on photographs;

1. Defendant A of the pertinent legal provisions pertaining to criminal facts: The first sentence of Article 241(1) of the Criminal Act (abstinence) and Article 319(1) of the Criminal Act (abstinence of residence)

1. Aggravated concurrent crimes: The former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act, each suspended sentence, as follows;

1. The Defendants and their defense counsel asserted that the Defendants and their defense counsel did not have a sexual relationship at the time and place of the above crime, as to the assertion of the Defendants and their defense counsel under Article 62-2(1) of the Criminal Act, and Article 59 of the Probation Act.

It is extremely difficult to expect the existence of a direct physical evidence or witness because the crime of adultery between men and women is committed under the extreme corruption between the parties in view of the nature of the act, or under the circumstances where it is difficult to identify the outside.

I would like to say.

Therefore, in relation to the crime of adultery, all the indirect evidence about the situation before and after the crime is based on the rule of experience.