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(영문) 창원지방법원 2013.03.15 2012고단3483
간통
Text

Defendants shall be punished by imprisonment for six 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. The Defendant: (a) was a spouse who has completed a marriage report with C on November 10, 1996; (b) was sexual intercourse with B and once with B in the mutual influence room located in Kimhae-si on March 31, 2012; (c) was sexual intercourse with B and once in the mutual influence room located in Kimhae-si on April 21, 2012; (d) was sexual intercourse with B and once in the mutual influence room located in Daejeon on April 29, 2012; and (e) was sexual intercourse with B and each other over four occasions in the mutual influence room located in Kimhae-si on May 19, 2012.

2. The Defendant, who was aware that he was a spouse of the above A, was sexual intercourse with A and four times at the same time, and at the same place as the above, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes of the Complainant and Family Relationship Certification Institute;

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 Code

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

1. Defendants who hold a suspended sentence: Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act);

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