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(영문) 서울중앙지방법원 2013.05.24 2012고단7012
간통
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant stated in the indictment on August 19, 2002 as “ March 1, 2002.” However, according to the 60 pages of the investigation record, it is obvious that it is a clerical error in the “ August 19, 2002.” Thus, the Defendant is to correct it ex officio.

A spouse who has completed a marriage report with E.

On July 9, 2012, around 22:10 on July 22, 2012, the Defendant sent to the Seocho-gu Seoul Metropolitan Government Felel 107 and G one-time sexual intercourse.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. The prosecutor's interrogation protocol of the accused;

1. Statement to E by the police;

1. A complaint filed by E;

1. Voluntary report;

1. Investigation report (reports on suspect A, G telephone details analysis), investigation report by the prosecution (reports on suspect A and G communications details attached);

1. A warden;

1. The National Institute of Scientific Investigation (DA Results);

1. On-site photographs, the defendant on-site photographs, and his/her defense counsel's arguments

1. The alleged defendant does not have any fact that he had sexual intercourse with G.

2. In the case of a crime of adultery between men and women, it is difficult to expect the existence of direct physical evidence or witness because the act is conducted under the circumstances in which it is difficult to identify from the outside or secret between the parties.

Therefore, if the facts of the crime are found to be proved by taking comprehensive account of all indirect evidence about the situation before and after the crime, it should be recognized as criminal facts.

Supreme Court Decision 207Do4977 Decided November 27, 2008 see, e.g., the following circumstances acknowledged by each evidence as seen earlier: (i) Defendant and G appears to be a close apology to the extent that they may make a very frequent call between themselves; (ii) at the time when a police officer called out upon receipt of a report on July 9, 2012 entered FMour 107, G entered into the police station; (iii) while he was discharged from the clothes, G was under the influence of the body; and (iv) the Defendant was also covered with this part and was under the influence of the body while he was discharged from the clothes; and (iii) at the time of suspension.

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