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(영문) 수원지방법원 성남지원 2011.09.23 2011고단1186
간통
Text

Defendants shall be punished by imprisonment with prison labor for four months.

However, each of the above punishments shall be executed 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 D on December 24, 2003. A

On January 2010, the Defendant sent Doi Doi 540 Doi Doi Doi Doi Dong-si, Gwangju, and sent B and once sexual intercourse at the fluence room in the fluence room.

B. Around August 14, 2010, the Defendant provided a single sexual intercourse with B at a mutually influence room of the mutual influence tele-dong, Gangnam-gu, Seoul.

In this way, the Defendant was sent to the above B twice each other.

2. Defendant B was aware that he was a spouse of the above A, and even at the same time and place as that of paragraph (1), he was sexual intercourse with A twice, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Statement made to D by the police;

1. A complaint filed for DNA preparation;

1. Marriage relation certificate, family relation certificate, each copy of the basic family relation certificate, copy of the complaint, and receipt of a written request for divorce;

1. Application of statutes to a copy of e-mail data or a copy of telephone recording;

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: former part of Article 37, Articles 38 (1) 2 and 50 of each Criminal Act (an aggravated punishment of concurrent crimes against the punishment as provided for in the concurrent crimes on August 14, 2010 with heavier concurrent crimes);

1. The Defendants subject to suspended execution: It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the Defendants had no record of criminal punishment prior to the instant crime, and the Defendants’ depth and reflects the instant crime).

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