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(영문) 수원지방법원 성남지원 2014.12.12 2014고단2354
간통
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above penalties shall be executed for two years from the date this judgment becomes 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 August 10, 1993. A.

On December 2, 2013, the Defendant sent to the police officer with sexual intercourse B and two times in the residence of Da-gu, Manam-si, Manam-si, Mannam-si.

B. Around January 3, 2014, the Defendant had a sexual intercourse with B one time at the same place.

2. Defendant B was aware that he was a spouse of the above A, and even at the same time and place as that of paragraph (1), he was sexual intercourse with A three times, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to C by the police;

1. A complaint;

1. Application of Acts and subordinate statutes on marriage relation certificates

1. Defendants of relevant legal provisions concerning criminal facts: Article 241(1) 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; and

1. The Defendants subject to suspended sentence: The Defendants who have the reasons for sentencing under Article 62(1) of the Criminal Act confession all of the crimes in this case; Defendant A’s divorce procedure is completed; and the Defendants’ age, character and conduct, and circumstances after the crime are considered. The sentence is determined as ordered in light of the above.

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