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(영문) 서울남부지방법원 2009.07.13 2009고단285
간통
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

except that for one year 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 E on May 15, 2006.

On December 23, 2007, the Defendant sent sexual intercourse with B on December 23, 2007 at a room where it is not possible to know the Gelho Lake located in Yeongdeungpo-gu Seoul Metropolitan Government F.

In addition, from around that time to May 6, 2008, the Defendant, as shown in the list of crimes in the attached Table, was in line with the above B more than 15 times from the branch of the city in Seoul.

2. Defendant B knew that he was a spouse of the above A, the same date and place as the above No. 8-15 of the crime sight table 8-15, and sexual intercourse with A eight times respectively, respectively.

Summary of Evidence

Each fact of the judgment No. 1

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Protocol concerning the suspect examination of the defendant A by the prosecution;

1. Statement of the police statement of E;

1. Marriage relation certificate:

1. Each fact listed in Article 2 of the Credit Card Use Details;

1. Defendant B’s partial statement

1. Defendant A’s legal statement

1. Protocol concerning the suspect examination of the defendant A by the prosecution;

1. Among the prosecutor examination protocol concerning Defendant B, the statement to the effect that the above Defendant was aware that he/she was his/her spouse on February 2, 2008, on the ground that he/she was serving in a divorce lawsuit against Defendant A while serving in the prosecution.

1. Application of Acts and subordinate statutes to investigation reports (the results of analyzing the details of currencies and the details of currencies attached thereto);

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

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) applies to the defendant A, and the circumstances leading to the

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