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(영문) 수원지방법원 2014.04.23 2013고단7308
간통
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above punishments shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A is a spouse who has completed a marriage report with E on April 7, 2001.

1. Defendant A

A. On June 2, 2013, at around 20:00, the Defendant sent to B with B one time from the house located in the Gyeonggi-do Suwon-si District F 106.

B. At around 11:00 on June 30, 2013, the Defendant sent sexual intercourses with the above B once at the same place.

C. On July 4, 2013, around 20:00, the Defendant sent the Hel 705, located in G, with the first sexual intercourse with the said B. D.

around 20:00 on July 16, 2013, the Defendant sent sexual intercourse with the above B at the same place as “A”.

E. On July 27, 2013, around 11:20, the Defendant sent sexual intercourse with the above B at the same place as “A”.

F. Around 20:00 on August 12, 2013, the Defendant sent sexual intercourses with the above B once at the same place as “A”.

G. On August 14, 2013, around 22:00, the Defendant sent sexual intercourse with the above B at the same place as “A”.

In this respect, the defendant was sent to B and each other over seven times.

2. Defendant B knew that the above spouse was a spouse, and even at the above time and place, the above Defendant had sexual intercourses with A seven times with A, respectively.

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. Marriage relation certificate:

1. The application of Acts and subordinate statutes to a detailed statement of currency, a list of use of a load tag, field map, and each investigation report;

1. Defendant A of pertinent legal provisions concerning criminal facts: The latter part of Article 241(1) of the Criminal Act; the former part of Article 241(1) of the Criminal Act;

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

1. Suspension of execution (the defendants) Article 62(1) of the Criminal Act (see, e.g., Article 62(1));

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