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(영문) 부산지방법원 2014.05.01 2014고단1760
간통
Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a spouse who has completed a marriage report with C around April 22, 2002.

On March 2013, the Defendant, at the end of Pyeongtaek-si around the end of March, 2013, sent to B more than seven times in total, as shown in the list of crimes in the attached Table, along with one-time sexual intercourse with B at the dwelling room of the Defendant in Pyeongtaek-si.

2. Defendant B knew that the above spouse was a spouse, and even at the same time and place as that of the preceding paragraph, the above Defendant had sexual intercourses with the above A seven times in total, respectively.

Summary of Evidence

1. Defendants’ legal statement

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the Institute of Receipt and Certification;

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; and

1. Defendants in a suspended sentence: It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Code (see, e.g., Supreme Court Decisions 201Do148, Apr. 1, 2

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