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(영문) 대구지방법원 2009.09.09 2009고단1672
간통
Text

Defendants shall be punished by imprisonment for six 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

Defendant

A is a male who has a spouse who has reported marriage with D on May 9, 1994, and Defendant B is a female who has a spouse who has reported marriage with E on April 30, 1992.

1. Defendant B

A. From 22:00 on October 2008, 302 “F Loans”, a residence of FF located in Simsan-si, G, Simsan-si, and one-time sexual intercourse with A;

B. On January 1, 2009, the first 02:00 sexual intercourses with the above A at the same place, both at the same time and at the same time;

(c)on the first and last day of the same month, at approximately 03:00, sexual intercourses with the above A at the same place;

D. At around 02:00 on the 16th day of the same month, a single sexual intercourse with the above A, respectively.

2. Defendant A knew that he was a spouse of the above B, and even at the same time and place as that of the above paragraph (1), Defendant A had sexual intercourse with the above 4 times, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutorial statement prepared by the Defendants

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Each police statement concerning E and D (investigative records No. 14 pages);

1. Application of Acts and subordinate statutes governing filing of complaints, certificate of filing of lawsuits, and marriage relation;

1. Relevant legal principles concerning criminal facts [Defendants]: Article 241 (1) of the Criminal Act;

1. Aggravation of concurrent crimes [Defendants]: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution [Defendants]: Part on the rejection of prosecution under Article 62 (1) of each Criminal Act (The confessions and reflects by the defendants, the defendant A does not have the same criminal record, and the defendant B is the first criminal record);

1. The summary of the facts charged is that Defendant A is a male who has been married with D on May 9, 1994, and Defendant B is a female who has been married with E on April 30, 1992.

Defendant

A (i) On October 22, 208, at around 22:00, the Defendant’s residence located in Busan City F, B and once. At the same place B and once at the same time on January 1, 2009, B and once on January 1, 2009, B and at the same place, on the first anniversary of the first half of the same month, C and at the same place at around 03:00, on the first half of the same month.

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