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(영문) 수원지방법원 안산지원 2014.06.12 2013고단1008
간통
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person who is a spouse who has completed a marriage report with E on September 15, 2009. A

At around 20:00 on January 28, 2010, the Defendant sent her sexual intercourse with B and once in a room where it is impossible to find out the care rooms of Gnonoe Bank in F in light of light.

B. At around 22:00 on January 29, 2010, the Defendant sent her sexual intercourse with B at the I hotel studio 603 room located in H in light of light.

C. On February 2, 2011, around 23:30, the Defendant, at the Jinnaleb, near the entrance of the F Single Parcel at Mai-si, was sexual intercourse B and once.

On July 19, 201, around 19:00, the Defendant sent sexual intercourse with B at a toilet located in the neighboring drinking house located in the Pluan-dong, Pluxa-si.

In this respect, the defendant was sent to B more than four times, respectively.

2. Defendant B knew that he was a spouse, and even at the time and place specified in paragraph (1), the Defendant conspiredd with A and four times with each other, respectively.

Summary of Evidence

1. Defendant A’s legal statement

1. Statements of Defendant B in part of the first trial records;

1. Each legal statement of witness K and L;

1. Statement made by witnesses E in the third protocol of the trial;

1. Prosecutorial suspect interrogation protocol against the Defendants

1. Each police statement of E;

1. The head of a complaint, each marriage relation certificate (Evidence Nos. 2, 60, 69), family relation certificate, resident registration copy, notification of the date of confirmation of divorce, statement of deposit transaction, additional complaint, each text message printed out (Evidence Nos. 14, 14, 16, 23), each investigation report (Evidence No. 18, 25, 68, 74 of the evidence list), recording (Evidence No. 21,29, 46, 77, 78, 79 of the evidence list), telephone conversation statement, telephone conversation statement, receipt protocol, and application of statutes;

1. Defendant A of the pertinent Article of the Criminal Act relating to the facts constituting the crime: Defendant B of Article 241 of the Criminal Act; the latter part of Article 241 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Determination as to the assertion by the Defendant B and the defense counsel under Article 62(1) of the Criminal Act, which is favorable to the sentencing grounds as set forth below

1. The defendant B had access to the defendant A at all.

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