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(영문) 대구지방법원 경주지원 2014.11.26 2014고단554
간통
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months.

However, this judgment is delivered to the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person who is a spouse who has completed a marriage report with E on November 14, 201. A

On November 17, 2013, the Defendant sent to the upper-party B one time with the lower-party sexual intercourse in the mutual incompeting telecom with the interest rate on the front-dong, Gangwon-si.

B. On November 19, 2013, the Defendant sent sexual intercourse with the Defendant B on one occasion at the cross-dissectel in the Dong-dong, Dong-dong on the same day.

C. On November 24, 2013, the Defendant sent sexual intercourses with the Defendant B and twice at the house of the upper Defendant B located in the F of the racing city.

On November 29, 2013, the Defendant sent to the upper-party B one time with the cross-party in a mutual incompetence in the Dong-dong, Dong-dong on the same day.

2. Defendant B knew that he is a spouse A, the Defendant had been sexual intercourse with the upper Defendant A at the same time and at the same place as set forth in the preceding paragraph, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. Prosecutions and police suspect interrogation protocol for the Defendants

1. Statement of each police statement of E;

1. The application of Acts and subordinate statutes to the head of an accusation, marriage certificate, female physiological calendar, receipt and certification of filing a lawsuit, investigation report (Attachment of a record), record, investigation report (Attachment of a document), copy of written statement, digital evidence analysis results statement, digital evidence analysis report, digital evidence analysis report, CD in storage of analyzed data, investigation report (to hear statements from the A counterpart telephone statement), investigation report (to hear statements from a witness G staff member) and investigation report (to hear statements from a witness G staff member);

1. Article applicable to criminal facts;

(a) Defendant A: the first sentence of Article 241(1) of the Criminal Act

B. Defendant B: 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

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: Article 62-2 of the Criminal Act

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