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(영문) 창원지방법원 2014.11.25 2014고단2307
간통
Text

1. The Defendants shall be punished by imprisonment for six months.

2. However, it is against the Defendants for two years from the date of this decision.

Reasons

Punishment of the crime

1. Defendant A is a person who is a spouse who has completed a marriage report with D on August 6, 2001. A

On April 2012, the Defendant 15:00 to 16:00 as early as early as the early as of early as of April 2012, through a room where it is impossible to know the protection room of the mutual in the Changwon M&A-dong, Changwon-si, M&A-dong.

B. On July 2012, between 13:00 and 14:00, the Defendant used the home plug’s head room, which is in the movement of the Jinhae-si, with B, one-time sexual intercourse with B at a room where it is impossible to find out the head of the home plug’s head room in the movement of the Jinwon-si.

C. On October 2013, between 18:00 and 19:00, the Defendant used the energy science park, outdoor park, which was parked on the right side of the city of Changwon-si, along with B’s sexual intercourse with B, within the E- ASEAN car owned by the Defendant.

2. Defendant B knew that he was a spouse, and even at each time and place described in paragraph (1), the Defendant had sexual intercourses with A three times with A as above, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Application of attached statutes, such as a marriage relation certificate;

1. Defendants of relevant legal provisions concerning criminal facts: Article 241(1) of the Criminal Act

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

3. Defendants on probation: Article 62(1) of the Criminal Act (the fact that the Defendants are aware of and against the mistake, that Defendant A has no criminal record, that Defendant B has no criminal record, and that there is no specific criminal record other than twice the fine from the crime of this kind, and that the Defendants’ character, conduct, environment, etc. are considered)

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