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(영문) 대구지방법원 2014.12.09 2014고단5222

간통

Text

Defendants shall be punished by imprisonment for six months.

However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who has a spouse who has completed the marriage report with C on January 18, 1996, and Defendant B is a person who has a spouse who has completed the marriage report with D on February 11, 1987.

1. Defendant A, even though being aware that he was a spouse B, had a sexual intercourse with B over 19 times in total, as shown in the annexed crime list, from around June 13, 2014, around December 14, 2013, around 14:00, at a room where the head of “F”, located in Cheongdo-gun, Cheongdo-gun, North Cheongdo-do-gun, could not know the head of “F” sexual intercourse with B, including one-time sexual intercourse.

2. Defendant B knew that he was a spouse, and even at the same time and place as in paragraph (1), the Defendant conspiredd with A over 19 times as in the above, and ever ever ever ever ever ever and ever ever far

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement related to C and D;

1. Stockholm text messages, etc.;

1. Application of each marriage relation certificate Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. Article 62(1) of the Criminal Act of the Act on Suspension of Execution (hereinafter “Act on Suspension of Execution”) provides that the Defendants’ age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime shall be taken into consideration;