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(영문) 수원지방법원 성남지원 2014.08.22 2014고단1463

간통

Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A has a spouse after completing a marriage report with F on February 20, 1990, as Defendant A:

A. At around 05:00 on December 19, 2013, G located in Seongbuk-gu, Sungnam-si, Sungnam-si, G with one sexual intercourse with B;

B. On February 7, 2014, around 02:00, G in Sungnam-si G “I hotel” located in Sungnam-si, Sungnam-si, with a single sexual intercourse between B and B.

2. Defendant B knew that he had a spouse, and even after having known that he had a spouse, he had sexual intercourses with A two times with each other as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Marriage relation certificate, certificate for receipt of lawsuit, etc. (Divorce, etc.);

1. The application of Acts and subordinate statutes governing requests for appraisal;

1. Article applicable to criminal facts;

(a) Defendant A: the first sentence of Article 241(1) of the Criminal Act

B. Defendant B: The latter part of Article 241(1) of the Criminal Code

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