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(영문) 대구지방법원 2013.03.28 2012고단4820

간통

Text

Defendants shall be punished by imprisonment for six months.

except that the execution of each of the above penalties shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a spouse who has completed a marriage report with E on April 6, 1993. A.

On September 21, 2010, the Defendant, around 21:00, sent to the intercompetence with B one-time sexual intercourse with F incompetence near Daegu-gun F.

B. On February 201, 201, the Defendant sent to the 202 dwelling place located in Daegu Northern-gu G, which is a 202 dwelling place located in G, with a single sexual intercourse with the said B.

C. On April 1, 2012, around 10:00, the Defendant sent a single sexual intercourse with H in Daegu-gu, Seogu, Daegu-gu, one time.

2. Defendant B was aware that he was a spouse of the above A, and even at each time and place described in paragraph (1), he had sexual intercourses with A three times respectively.

Summary of Evidence

1. Defendants’ respective legal statements (for Defendant B, the six-time date)

1. A witness and E's legal statement;

1. Examination protocol of Defendant A by the prosecution;

1. Statement to E by the police;

1. The content, summary, and photograph of text messages;

1. A complaint;

1. A family relation certificate or a certified transcript of the removed family register;

1. Results of the inquiry and reply to the Korea Highway Corporation;

1. Application of Acts and subordinate statutes of an investigation report;

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

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

1. It is so decided as per Disposition for not less than Article 62(1) of the Criminal Act (i.e., confessions made by the defendants and reflects the facts that are the first offender).