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(영문) 인천지방법원 2014.12.10 2014고단2246

간통

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Reasons

Punishment of the crime

1. Defendant A is a person who is a spouse who has completed a marriage report with D on May 13, 1981. A

On June 16, 2012, the Defendant sent sexual intercourse with B and once at the Furster E located in Gyeyang-gu, Youngyang-gu.

B. On June 25, 2012, the Defendant sent sex B and once to a H tourist hotel in Jung-gu Incheon Metropolitan City’s G.

C. On July 2, 2012, the Defendant, at the Jinn Chang-gun of Gangwon-gu, Jinn Chang-gun I, sent to B and once again.

On July 9, 2012, the Defendant sent sexual intercourse with B and one time at the KMomo-gu branch office located in Sung-nam-si, Sung-nam-si.

Accordingly, the defendant was sent to the above B over four times.

2. The suspect B knew that he was a spouse of the above A, and even at the same time and place as that of paragraph (1), he was sexual intercourse with A and four times, respectively.

Summary of Evidence

1. Defendant A’s legal statement

1. Each legal statement of a witness A and D;

1. The application of the law, including a complaint, a marriage certificate, a divorce receipt certificate, a receipt, a travel photograph (the defendant B and the defense counsel asserted that the defendant B and the defense counsel conducted meals with A and conducted a sexual intercourse even with singing, but according to the witness A's consistent statement, receipt, etc., it is recognized that the defendant B had sexual intercourse with A as stated in the crime in the judgment of the court below).

1. Article applicable to criminal facts;

(a) Defendant A: the first sentence of Article 241(1) of the Criminal Act

B. Defendant B: The latter part of Article 241(1) of the Criminal Code

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, Defendant A recognized the instant crime and reflects it. Defendant B accused of assault, attack, and attack from Defendant D, and thereafter filed a complaint, and D also became subject to notification of the instant case. The Defendants are the first offender without any criminal power, and the Defendants’ age, character and conduct, the process and motive leading to the instant crime, and the circumstances before and after the instant crime.