beta
(영문) 광주지방법원 2009.08.19 2009고단1202

간통

Text

The punishment against the Defendants shall be provided for in six months by imprisonment.

However, this judgment has become final and conclusive against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a spouse who has completed the marriage report with D on March 13, 1998, and Defendant B is a company member.

1. Defendant A:

A. At the end of January 18, 2009, in a room where the family room of the Mourel cannot be known that the name in the monthly dong of the Gwangju Mine-gu cannot be known, the first defendant B and the first sexual intercourse;

B. At around 19:00 on February 19, 2009, the FMoel 304 room in Gwangju Mine-gu E was sent to the upper defendant B one time with each other.

2. Defendant B knew that he was the spouse A, and even at the same time and place as the above, the above defendant B had sexual intercourse with the above defendant A twice in each phase.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Requests for analysis of genes and requests for appraisal;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Defendant A of the pertinent Article of the Criminal Act concerning the crime: The first sentence of Article 241(1) of the Criminal Act: the second sentence of Article 241(1) of the Criminal Act;

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

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Code of the Suspension of Execution (the defendant A does not have a previous conviction, the defendant B did not have a previous conviction except 700,000 won due to the violation of the Road Traffic Act, and all the defendants reflect their depth) (the number of days of detention: 2 days each