beta
(영문) 대구지방법원 서부지원 2013.07.16 2013고단511

간통

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

1. Defendant A is a person who is a spouse who has completed a marriage report with D on November 21, 2005. A

At around 17:00 on May 21, 2012, the Defendant sent sexual intercourse with B and 3 times at the Moel where the trade name in Gwangju is unknown.

B. At around 18:00 on May 26, 2012, the Defendant sent to the Mourel where the trade name in Gwangju could not be known, the Defendant sent the said B and once sexual intercourse.

C. At around 03:00 on June 14, 2012, the Defendant sent to B and twice sexual intercourse in a room where it is impossible to find out the care room of the Felel located in Busan Shipping Daegu E.

around 19:00 on June 14, 2012, the Defendant sent sexual intercourses with B and once at the same place as the above sub-paragraph (c).

E. On June 16, 2012, the Defendant had sected with B one time at the same place as the above sub-paragraph (c).

F. On June 17, 2012, the Defendant sent sexual intercourse with B and once at the same place as that of the above sub-paragraph (c).

G. On June 25, 2012, around 23:00 on June 25, 2012, the Defendant sent sexual intercourse with B and once in a room where it is impossible to find out the room of Hmotoir in G located in the window G of the Changwon.

H. At around 23:00 on July 6, 2012, the Defendant sent a single sexual intercourse with B, where it is difficult to find out the trade name I in the window of Changwon.

In this respect, the defendant was linked to B over 11 times.

2. Defendant B was aware that he was a spouse of the above A, and even at the same time and place as above, the Defendant had sexual intercourses with A at the same time and 11 times respectively.

Summary of Evidence

1. Defendant A’s legal statement

1. A’s legal statement (as to the defendant B), which is made by the witness

1. Protocol concerning the suspect examination of the defendant A by the prosecution;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to the complaint, the details of the date of each app, and the result of each telephone call inquiry;

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

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

1. Defendant B alleged that there was no sexual intercourse with Defendant A, as stated in the facts charged, as in the judgment on the Defendant B’s assertion under Article 62(1) of the Criminal Code of the Suspension of Execution. However, Defendant A had sexual intercourse with Defendant B as above.