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(영문) 광주지방법원 2013.05.30 2013고단1229
간통
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A, who was married with D on November 27, 2002, and was the spouse after filing a marriage report, was sent to B with B one-time sexual intercourse on the front of the Fsung Party in Seo-gu, Seo-gu, Gwangju around August 2012.

2. Defendant B was aware that he was a spouse, and even at the same time and place, the Defendant had sexual intercourse with A once as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness D;

1. Application of statutes to a copy of each letter, a copy of cellular phone Kakao Stockholm text (10 pages of investigation records);

1. Defendant A of the relevant Article of the Criminal Act concerning the crime: The latter part of Article 241(1) of the Criminal Act: The latter part of Article 241(1) of the Criminal Act and the former part;

1. The Defendants on probation: The Defendants’ defense counsel on the Defendants’ assertion of the defense counsel under Article 62(1) of the Criminal Act asserts that, at the time of the instant crime, the Defendants’ defense counsel had an obvious agreement on divorce between Defendant A and D, so that D had expressed an obvious intent to end up with Defendant A.

However, in light of the statements made by D in this court, it is difficult to deem that there was a clear agreement between D and D on the part of the evidence submitted by the Defendants that there was no intention to continue the marriage relationship with Defendant A and D, and that there was a clear agreement between them to proceed with the divorce.

Therefore, the Defendants’ defense counsel is without merit.

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