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(영문) 춘천지방법원 속초지원 2014.07.02 2014고단124
간통
Text

The sentence of punishment shall be suspended against the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a spouse who has completed a marriage report with D on September 15, 2009.

On April 1, 2013, at the beginning of 02:0, the Defendant had sexual intercourse B with B at the house located in Sinsi E, 215 Dong 403 (F apartment).

In this respect, the defendant was sent to B.

2. Defendant B was aware that he was a spouse of the above A, and the same date and place as that of paragraph (1) was sexual intercourse with A once as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning D;

1. Marriage relation certificate:

1. Application of Acts and subordinate statutes of one part of the medical records and birth certificate;

1. Article 241 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Pronouncement (the suspended sentence: 4 months of imprisonment) of the Criminal Code was the case at the time of the instant judgment, and the divorce mediation was established on April 18, 2013, immediately after the instant case. The marriage between Defendant A and D was in fact at the stage of resolution, and the Defendants filed a marriage report on July 2013, which was after the said divorce mediation, are responsible for both living together with the Defendants and raising their children while living together with the said children. Defendant A is the first offender, Defendant B is the first offender, Defendant B is only one time with the past record of being sentenced to a fine, and the Defendants led to the instant crime.

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