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(영문) 대구지방법원 포항지원 2012.03.22 2011고단959
간통
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

1. Defendant A is the person who was the complainant of June 12, 199 and the spouse who completed the marriage report with Defendant A. A. A.

On March 6, 2010, the Defendant sent sexual intercourse with B and once in a room where it is impossible to know the Felel E located in North Korea-gu, North Korea-si.

B. At around 02:00 on October 13, 2010, the Defendant, set up on the front door of the Yandong-gu, 1034, North-gu, North-dong 2, North-dong 1034, with B and once sexual intercourse within the G Ghho-gu car.

2. Defendant B knew that he was a spouse of the above A, and even at the same date, time, time, and place as Party A’s (B) was sexual intercourse with Party A twice, respectively.

Summary of Evidence

[Defendant A]

1. Defendant A’s legal statement

1. Legal statement of the witness D;

1. A suspect interrogation protocol concerning B by the prosecution;

1. A written appraisal of the preparation of the National Institute of Scientific Investigation;

1. Inquiries into the specifications of Samsung Cards;

1. Details of each mobile phone call;

1. Seizure records;

1. One copy (Defendant B) of the time when the complainant is submitted when the supplementary investigation for complaint is conducted;

1. The defendant B's partial statement

1. Each legal statement of a witness A and D;

1. Investigation protocol of Defendant B by the prosecution (including the A’s statement)

1. A written appraisal of the preparation of the National Institute of Scientific Investigation;

1. Inquiries into the specifications of Samsung Cards;

1. Details of each mobile phone call;

1. Seizure records;

1. The application of Acts and subordinate statutes - 1 per hour of the submission of the complainant when the supplementary investigation for complaint is conducted;

1. The latter part of Article 241(1) of the Criminal Act concerning the crime committed by the defendant under applicable law

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

1. The reason for sentencing under Article 59(1) of the Criminal Act (the period of suspended sentence: 6 months of imprisonment) of the suspended sentence (the defendant B) is a public official who is subject to suspended sentence. Considering the circumstance that the criminal defendant D before and after the criminal complaint and the defendant A have a lot of controversy over the unconstitutionality of, or abolition of, inter alia, a crime of adultery is too harsh.

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