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(영문) 의정부지방법원 고양지원 2012.11.30 2012고단992
간통
Text

Defendants shall be punished by imprisonment for eight 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

1. Defendant A is a person who is a spouse who has completed a marriage report with D on July 28, 2008. A

around 03:00 on April 27, 2010, the Defendant sent a single sexual intercourse with B at the telecom with which it is impossible to know the trade name in Goyang-gu, Mangsan-si.

B. Around May 21, 2010, the Defendant sent the trade name from a mother telecom with B, where it is difficult to know the trade name at the early stage of late late 2010.

C. At around 11:00 on December 26, 2010, the Defendant had a sexual intercourse with B and one time at the residence of 102 Dongdong-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, 202, 202, and 202.

On March 14, 2011, at around 23:00, the Defendant sent to the Defendant one-time sexual intercourse with B at the residence of the above B.

E. At around 15:00 on January 29, 2012, the Defendant sent to the Defendant one-time sexual intercourse with B at the residence of Yongsan-gu, Yongsan-gu, Busan Metropolitan City, 2308.

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

Summary of Evidence

Defendant

A With respect to A

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint;

1. A certificate for filing a lawsuit and a complaint;

1. As to Defendant B of the photograph

1. Each legal statement of witness A, D and G;

1. Statement of D police statement;

1. A complaint;

1. A certificate for filing a lawsuit and a complaint;

1. Application of the photographic Acts and subordinate statutes;

1. Defendant A of the pertinent Article of the Criminal Act concerning the crime: The first sentence of Article 241(1) of the Criminal Act: the second sentence of Article 241(1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (the defendants) of the suspended execution;

1. Determination on the assertion of Defendant B and defense counsel under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act

1. Defendant B and the defense counsel, and ① Criminal facts No. 1

(a)bed;

In relation to the port, he was unaware of the fact that the defendant A has a spouse at the time of sexual intercourse, and ② the crime No. 1-e.

At the time of the port, Defendant A was aware of the fact that he had a spouse.

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