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(영문) 의정부지방법원 2012.12.28 2011고단1430

간통등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by fine for five hundred thousand won and by imprisonment with prison labor for six months.

Defendant

A above.

Reasons

Punishment of the crime

[2011 Highest 1430]

1. Defendant B was a person who was married with D on December 27, 1991. A around 23:00 on January 7, 201, the Defendant provided one-time sexual intercourse with A at the house of Guri-si E apartment 102 Dong 501, Dongri-si, and one-time sexual intercourse with A at the same place around January 8, 201, and passed two times in total.

2. Defendant A was aware that he was a spouse, and the two times of sexual intercourses with B as described in paragraph (1).

[201, 200] Defendant A, around 04:50 on January 9, 201, had the victim D (the 46-year-old age) broken away the glass door of the ward in the process of pursuing the adultery between the Defendant and B, and had the victim go on a right-hand bed in the right-hand bed, which requires approximately two weeks of treatment.

Summary of Evidence

[2011 Highest 1430 - Defendant A]

1. The entry of witness B in the third protocol of trial;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Marriage relation certificate (B, D), photographic of CCTV screen of the E-House present, communication data, and investigation report (the details of the direction of inspection) (as to Defendant B);

1. Defendant B’s legal statement

1. Marriage relation certificate (B, D), photographic of CCTV screen of the E-House present, communication data, and investigation report (the details of the direction of inspection) (the details of the direction of inspection);

1. Statements made by witnesses D in the second protocol of the trial;

1. The defendant A's assertion and judgment on the injury diagnosis letter

1. Defendant A and his defense counsel’s assertion

A. In light of the following facts, it is difficult to believe that the Defendant’s statement that the Defendant had sexual intercourse with B was sexual intercourse with B, and there is no other evidence to prove sexual intercourse, as well as the Defendant had sexual intercourse with B even if it was sexual intercourse with B.

Even if B received 200,000 won from F, which is the defendant's seat, and the defendant is engaged in sexual traffic.

First of all, the defendant became aware of the name and telephone number of B for the first time on January 7, 2011, and he did not return to or otherwise did not have any other fact before that date. B.