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(영문) 서울중앙지방법원 2013.11.07 2012고단5789
간통
Text

Defendants shall be punished by imprisonment for six months.

However, for one year from the date this judgment became final and conclusive, as against the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person who is a spouse who has completed a marriage report with C on November 13, 1998. A.

On June 11, 2010, from around 15:52 to around 18:57 of the same day, the Defendant sent to the E hotel in Seoul Special Metropolitan City, Nowon-gu, one time of sexual intercourse with B.

B. From June 14, 2010 to 18:49 on the same day, the Defendant sent to the G hotel B with a single sexual intercourse at the G hotel located in F during the game strike period.

C. The Defendant, from June 16, 2010 to around 18:30 on the same day, had sexual intercourses B with B at the IMoel located in the Gyeonggi Yang-gun, which is located in the Gyeonggi Yang-gun. D.

On July 14, 2010, the Defendant sent to E hotel in Seoul Special Metropolitan City, Nowon-gu D one time with sexual intercourse.

E. On July 21, 2010, the Defendant sent to E hotel in Seoul Special Metropolitan City, Nowon-gu D one time with sexual intercourse.

F. From August 6, 2010 to around 21:25 of the same day, the Defendant sent to the E hotel in Seoul Special Metropolitan City, Nowon-gu, one time of sexual intercourse with B.

G. From around August 12, 2010 to around 21:14 of the same day, the Defendant had a sexual intercourse with B and one time between KMos in the J of Gyeonggi-si.

2. Defendant B, despite being aware that he is a spouse of A, was the same as the date, time, and place specified in paragraph (1). As seen above, Defendant B had sexual intercourse with A seven times respectively.

Summary of Evidence

1. The prosecutor's protocol of partial interrogation of the Defendants

1. Statement to C by the police;

1. Details of each investigation report, request for appraisal, cellular phone forwarding, and reverse transmission;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 241 (1) of the Criminal Act applicable to the crime;

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

1. It shall be decided as per the Disposition on the grounds of a suspended execution (the first sentence and other extenuating circumstances);

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