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(영문) 인천지방법원 2013.04.02 2012고단11910

간통

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Reasons

Punishment of the crime

1. Defendant B is a person who is a spouse who has completed a marriage report with E on December 16, 1990. A.

At around 18:00 on January 31, 2012, the Defendant provided a single sexual intercourse with A in a room where it is impossible to identify the heading room of “G” located in the Nam-gu Incheon Metropolitan City F.

B. Around 21:00 on February 15, 2012, the Defendant sent to a room where the head of the above hotel could not be known. A and a single sexual intercourse were sent to the room.

In this respect, the defendant was sent to the above A twice.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Photographs of a place of publication;

1. Application of Acts and subordinate statutes on marriage relation certificates

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. Defendants on probation: Article 62(1) of the Criminal Act (Taking into account that the Defendants reflect the instant crime);