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(영문) 수원지방법원 안산지원 2012.08.24 2012고단1156

간통

Text

Defendants shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who is a spouse who has completed the marriage report with C on December 31, 1984.

1. Defendant A

A. At around 13:00 on December 5, 201, the Defendant had a sexual intercourse with B at the second floor of the “Ecom Association” located in Ansan-si, Masan-si.

B. At around 13:00 on December 12, 201, the Defendant sent to the second floor of the above “Ecom Association” with B one-time sexual intercourse.

C. On December 26, 2011, the Defendant sent to the second floor of the “Ecom Association” around December 26, 201, with sexual intercourse B and one time.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the head of a complaint, a warden, a certificate of matrimonial relationship, and a fixed amount verification report;

1. Relevant Articles of the Criminal Act and the Defendants’ choice of punishment for the crime: 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

1. Defendants on probation: Article 62(1) of the Criminal Act