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(영문) 인천지방법원 2011.05.18 2011고단1325
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 person who is a spouse who has completed a marriage report with C on January 27, 2001.

On January 7, 2011, the Defendant, at the instant singing book in Jung-gu Incheon Metropolitan City, in Jung-gu, Jung-gu, Incheon Metropolitan City, (a) had sexual intercourses with B, and (b) had sexual intercourses with B over a total of 36 times from July 201 to January 17, 201, respectively, as shown in the list of crimes in the attached Table.

2. Defendant B, while being aware that the above spouse was a spouse, had sexual intercourses with A over 36 times in total, as described in the list of crimes in attached Table from the beginning of July 2010 to January 17, 201, including the sexual intercourses with A once, at the time and place described in paragraph (1), as seen above, and as described in the list of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Statement of each police statement regarding C;

1. Application of Acts and subordinate statutes on receipt of complaints, sales slips, and use of postal cards;

1. Article 241 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Article 62(1) of the Criminal Act of the suspended sentence (see, e.g., Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2009Do1448,

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