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(영문) 대구지방법원 2014.12.16 2014고단5792
간통
Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants, each of the above judgments is made for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. Defendant A is a person who is a spouse who has completed a marriage report with D as of March 2, 2007. A

On April 17, 2014, the Defendant, at around 20:00 on April 17, 2014, went through a room where it is impossible to find out the room of “Fel” located in Sinsan-si E. In comparison with B and once.

B. On June 18, 2014, the Defendant, at around 20:00 on June 18, 2014, sent to the intersection B with B one time on the premises of the sports site of the Daegu-gu University in Busan-dong, Busan-si. In short, around 20:00.

C. On August 28, 2014, the Defendant, at around 21:00 on August 28, 2014, went through a room where the heading room of the above “Fel” cannot be known, with the Defendant’s sexual intercourse with B once.

2. Defendant B was aware that he was his spouse.

The Defendant, as mentioned in the above 1. Date, time, and place of each of the above paragraphs, had sexual intercourses with A three times, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of D police statement;

1. Application of the relevant Acts and subordinate statutes to the details of settlement of telecom expenditure by suspect A;

1. Article applicable to criminal facts;

(a) Defendant A: The first sentence of Article 241(1) of the Criminal Act;

(b) Defendant B: The latter part of Article 241(1) of the Criminal Act

1. Defendants who aggravated concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. The Defendants subject to suspended execution: The Defendants’ grounds for sentencing under Article 62(1) of the Criminal Act are divided and contradictory to each other; Defendant A has no power to punish the Defendants in excess of the same kind of power or fine; Defendant B has no power to punish the Defendants; the motive, background, means and method of the instant crime; circumstances before and after the instant crime; and other circumstances, including the Defendants’ age, character and conduct, career, environment, etc. as shown in the instant pleadings, shall be determined as per the disposition.

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