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(영문) 광주지방법원 순천지원 2010.05.20 2009고단1160
간통
Text

Defendant

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

However, for two years from the date of this decision.

Reasons

Punishment of the crime

1. Defendant A is a spouse who has completed a marriage report with E on November 28, 1990.

around 20:30 on October 26, 2007, the Defendant used the G Motor Vehicle Research Institute in F at Net City on the backway between the G Motor Vehicle Research Institute and the G Dogwon, which was parked on the sideway, to connect B with B once.

2. Defendant B

A. The Defendant was aware that he was a spouse of the above A, and even at the same time and place as that of paragraph (1), the Defendant was sexual intercourse with A once as above.

B. Around July 3, 2008, the Defendant drafted a false statement of complaint against A with a view to having A receive criminal punishment from the Defendant’s home, No. 104, 804, and 804, at the Defendant’s home.

The statement of the complaint "A, the defendant at the end of 00:30 on Feb. 2, 2008, who was parked on the roads adjacent to the Haak Apartment apartment, is off the crepane's will of the complainant and was punished for committing an indecent act because the complainant was frightly committed by her sexual organ by her sexual organ, after she was drunkly cut off the cree in the HKan-kin car owned by the complainant at the end of 00:30,000." The defendant and A were frightly her sexual intercourse in several months before the above car, and even at the above time, A was frightly her sexual organ under mutual agreement with each other under the mutual will.

Nevertheless, the defendant submitted the above written complaint to the public official in charge at the Yangcheon District Public Prosecutor's Office's Office of the Gwangju District Public Prosecutor's Office, which is located in 77-1, 77-1 of the same day

Summary of Evidence

1. Defendants’ respective statements in the first trial records;

1. Entry of a witness A in each protocol of the second and seventh trial;

1. Statement made by witnesses E in the third protocol of the trial;

1. A complaint filed by E;

1. A copy of each protocol of suspect examination of the police officer (including B's statement);

1. Copy of the police statement concerning B;

1. A copy of the B statement;

1. A copy of a written withdrawal of complaint and a certificate of personal seal impression;

1. Protocol of seizure;

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