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(영문) 전주지방법원 2013.10.24 2013고단1734

간통

Text

Defendants shall be punished by imprisonment for six months.

However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.

Reasons

Punishment of the crime

1. Defendant A is a spouse who has completed a marriage report with E on November 27, 1998. A. The Defendant is a spouse.

The Defendant, around October 2012, 102, F apartment Nos. 102, 901, 201, was sexual intercourse with B and once.

B. Around November 2012, the Defendant: (a) was parked in the apartment parking lot located in the Seojin-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City; and (b) was sent one time with B.

C. The Defendant was on November 2012, 201.

At the house in B as described in B, B and once. D.

On December 8, 2012, the Defendant had sexual intercourses with B at the office of the Defendant at 106 Doo-gu Seoul Special Metropolitan City G 106 Do 205, and one time with B.

In this respect, the defendant sent 4 times to each other with B and 4 times.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes of the Institute of Complaint and Institution of Lawsuit;

1. Defendants of relevant legal provisions concerning criminal facts: Article 241(1) of the Criminal Act

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

1. Defendant B and his defense counsel asserts that Article 241 of the Criminal Act is unconstitutional since they violate Articles 10, 36(1) and 37(2) of the Constitution and Article 241 of the Criminal Act.

It is difficult to conclude that the theory of constitutionality and the theory of constitutionality are in conflict with respect to the crime of adultery, and the national consensus on the abolition of the relevant penal provision has been established. Whether the crime of adultery is maintained or not is a matter to be followed by the decision of legislators based on the national consensus.

In addition, the Constitutional Court's decision on the crime of adultery.