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(영문) 수원지방법원 평택지원 2014.12.19 2014고단1353
간통
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to the defendant A, it shall be for one year 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 November 30, 201. A

Around November 2013, the Defendant sent to Pyeongtaek-siF one-time sexual intercourse with B in a room in which it is impossible to know the family room of “GMoel” located in Pyeongtaek-siF.

B. Around March 11, 2014, the Defendant sent to a room in which it is impossible to know the room of the above telecom with B, one time of sexual intercourse with B.

C. Around March 30, 2014, the Defendant, at a room where it is impossible to find out the room of “Hel” located in the area of Daejeon or lower Daejeon, sent to the Defendant with sexual intercourse one time with B.

From April 3, 2014 to May 7, 2014, the Defendant sent to each of the instant parties 206 from 206 to B and 4 times the studio building in Yanannam-gu, Seoul Special Metropolitan City.

2. Defendant B was aware that he was a spouse of the above A, and even at each time and place described in paragraph (1), he had sexual intercourses with A seven times as above, respectively.

Summary of Evidence

1. Defendant A’s legal statement and part of Defendant B’s legal statement

1. A’s legal statement;

1. Statement of the police statement of E;

1. Marriage relation certificate and reception certificate;

1. Application of text messages to Acts and subordinate statutes;

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, and the preamble

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

1. The reason for sentencing under Article 62(1)(i) of the Criminal Act (i.e., the confession and the primary charge) (i., the charge) of the suspended execution (i.e., the charge committed) of the Criminal Act (i., the charge committed by the Defendant) is favorable to the Defendant; (ii) there is a history of criminal punishment on several occasions against the Defendant; and (iii) the Defendant was sentenced to two years of suspended execution for eight months of imprisonment on March 7, 2013 from the Suwon District Court’s Eunpyeong Housing Site for the violation of the Road Traffic Act, and (iv) committed each of the crimes in this case

Other circumstances shown in the records, such as the age, character and conduct, family environment, etc. of the defendant.

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