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(영문) 수원지방법원 성남지원 2013.05.23 2013고단758
간통
Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants for one year from the date this judgment became final and conclusive, respectively.

Reasons

Punishment of the crime

1. Defendant B reported a marriage with C on March 30, 2002 and divorced on March 19, 2013.

At around 20:30 on October 12, 2012, the Defendant passed a single sexual intercourse with A in Gwangju-si, Gwangju-si.

B. A around 14:00 on October 18, 2012, the Defendant sent a single sexual intercourse with A and a single sexual intercourse. (c) around 15:00 on October 25, 2012, the Defendant sent a single sexual intercourse with A and a single sexual intercourse from the mutual inf in Gwangju CityF on October 25, 2012. D. On November 21, 2012, the Defendant sent a single sexual intercourse with A and a single sexual intercourse with B around 02:00.

E. On November 28, 2012, around 11:30 on November 28, 2012, the Defendant sent a single sexual intercourse with A in Gwangju-si.

F. On November 9, 2012, around 13:30 on November 9, 2012, the Defendant passed a single sexual intercourse with A in Gwangju-si.

2. Defendant A knew that he was a spouse of the above B, and had sexual intercourse with B at the same time and place as the above, as in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Defendants’ written statements

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

1. Defendants of relevant legal provisions concerning criminal facts: 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 on probation: Article 62(1) of the Criminal Act

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