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(영문) 대구지방법원 2014.06.10 2014고단2188
간통
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 13, 200, the Defendant knew that he had a spouse who completed the marriage report with C on March 13, 200.

1. Around 23:00 on October 25, 2013, the Defendant provided a single sexual intercourse with B in a room where it is impossible to find out the trade name in the main Dong-dong of Daegu-gu.

2. On November 11, 2013, the Defendant sent sexual intercourse with B one time in a room where it is impossible to know the heading room of the EM in Daegu-gu, Seogu, Daegu-gu.

3. On November 23, 2013, at around 22:00, the Defendant provided one-time sexual intercourse with B in a room where it is impossible to find out the family room of Gelel F in the Daegu-gu, Daegu-gu.

4. On November 28, 2013, at around 00:00, the Defendant provided one-time sexual intercourse with B in a room where it is impossible to find out the family room of the 1stmatour in Ulsansan, Ulsan.

5. On December 15, 2013, at around 22:00 on December 15, 2013, the Defendant provided a single sexual intercourse with B in a room where it is impossible to find out the family room of the Kmotour located in the J of Ulsan-do, Ulsan.

In this respect, the defendant 1 was sexual intercourses with the above B and 5 times respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to the complaint;

1. The latter part of Article 241 (1) of the Criminal Act of the corresponding Article 241 of the Criminal Act concerning the facts constituting the crime (each point between them);

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act include: (a) the Defendant’s mistake and reflects the fact that there is no same kind of power and no record of punishment exceeding the fine; (b) the motive, background, means and methods of the instant crime; (c) the circumstances before and after the instant crime; and (d) the Defendant’s age, character and conduct, career, and environment as indicated in the present pleading, and the sentence as ordered.

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