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(영문) 창원지방법원 2014.12.24 2014노2198
간통
Text

1. All the judgment below is reversed.

2. The Defendants shall be punished by imprisonment for four months.

3. However, the defendants are the defendants.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is too unreasonable.

2. The crime of this case is committed between Defendant A and Defendant B, while Defendant B was the spouse of which the marriage was reported, and Defendant B was in contact with Defendant A. While there were unfavorable circumstances, the Defendants committed the crime of this case on several occasions. However, the Defendants committed the crime of this case, the Defendants were the primary offender, and the Defendants continued to discuss the unconstitutionality of the crime of adultery. Considering the Defendants’ age, family relation, character and conduct and environment, the background leading to the crime of this case, the means and consequence of the crime, and all of the sentencing conditions indicated in the records and arguments, such as the circumstances after the crime, the punishment of the lower court is somewhat inappropriate.

Therefore, all defendants' arguments are justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is well-grounded, and the judgment below is also ruled as follows.

Criminal facts

The summary of the evidence and the facts charged against Defendant B and the summary of the evidence recognized by this court are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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

1. Article 62 (1) of the Criminal Act for a suspended sentence (Consideration of favorable circumstances in the preceding);

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