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(영문) 수원지방법원 2012.12.26 2012고단3970

간통

Text

Defendant

A shall be punished by imprisonment for six months.

However, for one year from the date this judgment became final and conclusive, the above sentence against Defendant A.

Reasons

Punishment of the crime

1. Defendant A is a person who is a spouse who has completed a marriage report with E on February 23, 2009. A

Defendant

A around February 19, 2012, around 2012.2. 19.2.2. 19.2.2.00 sexual intercourse B and one time in F F non-fluence room in Suwon-si.

B. On February 28, 2012, Defendant A and Defendant A had sexual intercoursed with B in F F in the Empic Winter-gu, the Empic Winter-gu, the Empick-si, the Empick-si.

C. On March 1, 2012, Defendant A sent to B and once sexual intercourse at the F F F Insular Winter-gu, G insular Winter-gu, Gyeonggi-do.

Defendant

A around March 4, 2012, around the 2012.3. 4., from the F non-fforcing room in Suwon-si, Gyeonggi-do, B and once sexual intercourse.

As a result, Defendant A had been linked to the above B through four times.

2. Defendant B knew that he was a spouse of the above A, the above time, place, and the above four times sexual intercourses with A, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to the Defendants on the examination of suspect to the prosecution

1. Article 241(1) of the Criminal Act applicable to the facts constituting a crime;

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

1. Article 62 (1) of the Criminal Act (Defendant A);

1. The reason for the suspended sentence of Article 59(1) of the Criminal Act (Defendant B): Defendant B did not have any criminal history as a juvenile under the age of 18, but there was no criminal history as Defendant B, and Defendant B’s assertion that Defendant A’s judgment on the same crime as the crime in the instant case was too harsh and Defendant B was divided into two occasions, and that there was a way for each of them to resort to divorce on December 201 through January 201.

In a case where the parties to a marriage have no intention to continue a matrimonial relationship and there is an agreement with the intention of divorce, it is against the adultery even if the marital relationship remains legally.