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(영문) 창원지방법원 2012.06.22 2011고단3009
간통
Text

Defendants shall be punished by imprisonment for six months.

except that the execution of each of the above penalties shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. On January 26, 199, the Defendant, who was a spouse after filing a marriage report with E on May 13, 201, went through the instant B with a sexual intercourse on the part of B around May 21, 201, on May 21, 201.

B. Around 13:00 on May 22, 201, the Defendant, within the parking lot for the Jinnam reservoir located in the Dong-dong of Changwon-si, Changwon-si, the Defendant sent to the said B with sexual intercourse once with the said B.

2. Defendant B knew that he was a spouse of the above A, and even at the same time and place as that of paragraph (1), the above Defendant had sexual intercourses with A twice, respectively.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes to the head of a complaint, a certificate of receipt of divorce lawsuit, a family relation certificate, and an appraisal report;

1. Defendants of relevant legal principles concerning criminal facts: Article 241 of the Criminal Act

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

1. Defendants on probation: Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act);

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