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(영문) 대구지방법원 서부지원 2014.10.27 2014고단1289
간통
Text

Defendants shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a spouse who has completed a marriage report with C around November 8, 1997. A. The Defendant is a spouse who has completed a marriage report with C.

On April 17, 2014, the Defendant sent to B one time with “Magu Pung Pungll,” located in the Seogugu Seogdong-gu, Daegu-gu.

B. Around June 20, 2014, the Defendant sent to B one-time sexual intercourse at the passenger room near the place where the death fest distance was situated in the Seogu-gu, Daegu-gu (Seoul-gu).

C. On July 9, 2014, around 20:30, the Defendant provided the “E” telecom 201, located in Daegu Seo-gu, Seogu, Daegu, with B one time of sexual intercourse.

Accordingly, the defendant was sent to the above B over three times.

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

Summary of Evidence

1. Defendants’ legal statement

1. Application of each prosecutor's protocol of statement to the Defendants

1. Defendants of relevant legal provisions concerning criminal facts: Article 241(1) of the Criminal Act

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

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant B: A community service order is issued only to Defendant B in consideration of all the circumstances, including the fact that Defendant B’s responsibility is much larger than that of Defendant B, Defendant A’s family failure, etc., in light of the developments leading up to the gap in sentencing under Article 62-2 of the Criminal Act.

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