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(영문) 대구지방법원 김천지원 2010.07.15 2010고단399
간통
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person who is a spouse who has reported a marriage to E on October 17, 1985. A is a person who is a spouse.

On December 2, 2007, the Defendant sent B with B one time a car parked in a factory lot located in the 4th Industrial Complex Corporation located in the Simsi-si, Simsi-si, Simpo-si, Simpo-si, Simpo-si.

B. On November 6, 2009, the Defendant sent sexual intercourse with B and once at the GMotone room located in the Gui-si F at night.

C. On January 1, 2009, at around 16:30 on the date, the Defendant respondedd with B one time from the HMotone’s care room located in the Sinsi F. D.

On November 21, 2009, the Defendant 1:30 on November 21, 2009, the U.S.A., located in the U.S.-dong area near the 4 U.S. Industrial Complex Corporation, was parked in B with the Defendant’s car in the vicinity of the 4.

E. The Defendant Ra at night on December 10, 209.

At the same place as paragraph B, B and once sexual intercourse was made.

F. The Defendant Ra at night on December 14, 2009.

At the same place as paragraph B, B and once sexual intercourse was made.

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

2. Defendant B, even though he was aware that he was a spouse who has completed a marriage report with Party A, had sexual intercourse with Party A at the same time and place as Party A’s (A).

In this respect, the defendant was 7 times more than 6 times between A and A.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Statement to E by the police;

1. A complaint;

1. The application of Acts and subordinate statutes to the investigation report (the confirmation of the progress of divorce lawsuit);

1. Relevant provisions of the Criminal Act and the Defendants’ choice of punishment concerning the facts constituting the crime: Article 241 (1) of the Criminal Act;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants in the suspension of execution: Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da15488, Apr. 2, 2007);

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