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(영문) 광주지방법원 2014.08.14 2014고단1880

간통

Text

Defendants shall be punished by imprisonment for six months.

However, for one year from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person who is a spouse who has completed a marriage report with D on October 14, 1997. A

Around December 30, 2013, the Defendant, at the mutual infest camping place in the Geumsan-gun, had 1stranged with B one time of sexual intercourse with B.

B. On December 31, 2013, the Defendant had erognating at the sea front of Gangnam-si, and had erognating B with B one another from the mutual influence in that side.

C. On February 1, 2014, around 05:30 on February 1, 2014, the Defendant sent a single gender to B’s house located in the Dong-gu Gwangju Metropolitan City E.

2. Defendant B knew that he was a spouse of the above A, the Defendant had sexual intercourses with A over three occasions as prescribed in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Investigation report (Attachment of the marriage certificate submitted by the complainant), application of the marriage relation certificate Acts and subordinate statutes;

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. The Defendants are subject to suspended sentence: (a) the Defendants’ grounds for sentencing under Article 62(1) of the Criminal Act are divided into each other; (b) Defendant A has no criminal records; (c) Defendant B has no criminal records; and (d) Defendant B has no specific criminal records other than three times before and after the fine was imposed; and (e) other circumstances constituting the conditions for sentencing as shown in the pleadings of the instant case, including the Defendants’ age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as ordered by the text.