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(영문) 창원지방법원 2014.09.16 2014고단1603

간통

Text

1. The Defendants shall be punished by imprisonment for six months.

2. However, it is against the Defendants for one year from the date of the conclusion of this judgment.

Reasons

Punishment of the crime

1. Defendant A is a person who is a spouse who has completed a marriage report with C on March 15, 2002. A.

At around 01:00 on January 10, 2014, the Defendant had a sexual intercourse with B at a room where it is impossible to find out the heading room of the EMD located in Jinhae-gu, Changwon-si.

B. On February 7, 2014, around 00:30 on February 7, 2014, at a room where it is impossible to find out the care room of the EMoel as stated in paragraph (1) of Article 1, the Defendant provided one-time sexual intercourse with B.

2. Defendant B knew that he was a spouse, and even at the time, time, and place described in the first-A, B-B, he had sexual intercourses with A twice as mentioned above, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to C by the police;

1. Application of the marriage relation certificate, the agreement divorce receipt certificate, and the Acts and subordinate statutes;

1. Article 241 (1) of the Criminal Act concerning the facts constituting an offense;

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

3. Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that the defendants recognized the defendants' mistakes and reflects the defendants' mistakes, the defendants' primary crime without any criminal records, and other factors such as the age, character, conduct and environment of the defendants)