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(영문) 서울중앙지방법원 2014.10.16 2014고단5791

간통

Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive, each of the above punishments shall be executed.

Reasons

Punishment of the crime

1. Defendant A is a person who is a spouse who has completed a marriage report with D on December 31, 2012. A.

On May 15, 2014, the Defendant sent the trade name in the Suwon-gu Seoul Southern-gu, Seoul, with B and once sexual intercourse at the motherel where it is impossible to know the trade name.

B. Around May 23, 2014, the Defendant sent the name in the vicinity of the high-speed bus terminal in Gangnam-gu Seoul, Gangnam-gu, Seoul, with a single sexual intercourse with B at the mother telecom with which it is impossible to find out the trade name.

C. Around May 29, 2014, the Defendant sent F Hotel 305, located in Gangnam-gu Seoul, Gangnam-gu, with sexual intercourse B and once.

2. Defendant B knew that he is a spouse of Defendant A, the date and place indicated in paragraph 1, and three times sexual intercourses with A as mentioned above, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Application of the respective Acts and subordinate statutes to a complaint, a certificate of receipt, and a copy of the certificate of receipt (or a divorce, etc. of the Daegu Family Court's Branch Office 2014 local court)

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of each Criminal Act (an aggravated punishment of concurrent crimes committed on or before May 15, 2014, the largest penalty for concurrent crimes);

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are primary offenders, each of the defendants is against mistake, and the marriage relation seems to have been committed in the instant case under the circumstances where the marriage relation was not limited, taking into account various factors of sentencing indicated in the records, such as the defendants' age, character and behavior, environment, and circumstances before and after the crime, the punishment against the defendants shall be determined as ordered.