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(영문) 수원지방법원 안산지원 2012.04.19 2011고단3519

간통

Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

1. Defendant A is a spouse who has completed a marriage report with E on August 7, 2000. A.

Around August 16, 2011, the defendant sent F apartment 2, 1104, the defendant, who was sexual intercourse B with the defendant at the residence of the defendant, and was sexual intercourse B and one time within the residence of the defendant.

B. Around August 18, 2011, the Defendant had a sexual intercourse with B at the same place with B once.

C. Around August 26, 2011, the Defendant sent to the Defendant with sexual intercourses B and once at the same place. D.

At around September 16, 2011, the Defendant had a sexual intercourse with B and once at the above place.

2. Defendant B knew that the above spouse was a person who is a spouse, and even at the same time and place as above, the Defendant had sexual intercourse with A four times as above, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol against the Defendants (including the questioning part)

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to each recording recording, such as a petition for complaint, a certificate of evidence, and related photographs, and each investigation report;

1. The first sentence of Article 241 (1) of the Criminal Act (Defendant A) and the second sentence of Article 241 (1) and the first sentence of Article 241 (2) of the Criminal Act concerning the facts constituting an offense;

1. Among concurrent offenders, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act clearly distinguish the reasoning for sentencing and the moral norm. However, if it is harmful to the society to the extent that it damages peaceful public order and does not control it, if it results in the risk of causing social and psychological conflicts and the instability of order, it shall be considered that it would only be subject to punishment in accordance with the criminal law, even if it occurs in the territory of moral norms.

Therefore, our criminal law rules not only ensure the effectiveness of the marital duty of good faith among the couple in relation to sexual morals, but also punish the adultery in order to protect the families, which are the basis of society, and to maintain the marriage system, but also resolve the strong sense of the spouse against the inter-party.