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(영문) 서울북부지방법원 2012.09.05 2011고단2734
간통
Text

Defendants shall be punished by imprisonment for eight months.

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

Reasons

Punishment of the crime

1. The defendant A completed his marriage report on September 17, 1987 as his spouse.

On April 21, 2009, the Defendant, in one room of “I” hotel located in H, Dobong-gu Seoul Metropolitan Government, sent the same manner between Defendant B and Defendant B in the same manner from August 7, 2008 to January 201, 201, as indicated in the following list of crimes.

2. Defendant B knew that Defendant A was a male with his spouse, the date and place indicated in paragraph (1) above, and had sexual intercourses over 20 times with Defendant A and 20 times.

Summary of Evidence

Defendant

A

1. Statement of the accused in the first protocol of trial;

1. Statements made by witnesses G in the second trial records;

1. A complaint;

1. The police statement concerning G;

1. Marriage relation certificate:

1. Details of card use;

1. J fishing place guidance;

1. Defendant A’s suspect interrogation protocol of the prosecution against Defendant B

1. A’s legal statement;

1. Statements made by witnesses G in the second trial records;

1. A complaint;

1. The police statement concerning G;

1. Marriage relation certificate:

1. Details of card use;

1. J fishing place guidance;

1. Application of the suspect interrogation protocol against Defendant A to the prosecution

1. Article 241 (1) of the Criminal Act applicable to the crime;

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

1. The credibility of the Defendant’s statement under Article 62(1) of the Criminal Code of the Suspension of Execution refers to the following: (a) Defendant B b drinks alcohol by drinking, gambling with the surrounding people of the Defendant; (b) b) creamed to go together; (c) the Defendant b) creamed to the meaning of the same business; (d) the Defendant B’s husband and wife was in service in both districts of Gangwon-do; (c) b) the Defendant met with the children of the Defendant A who was in military service in both districts of Gangwon-do; and (d) the Defendant b was aware of the place of employment after discharge; (c) the Defendant B was accompanied by the Defendant’s night fishing at night; and (d) the Defendant’s statement on the background of accompanying the Defendant B’s wife and her husband may have a common understanding on the Defendant B’s wife’s h

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