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(영문) 춘천지방법원 강릉지원 2014.12.18 2014고단792
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 Defendant A.

Reasons

Punishment of the crime

Defendant

A is the organization division of a group (E) with love D, and Defendant B is the vice-chairperson of the same division.

1. Defendant A is a person who has completed a marriage report with F on October 5, 2010.

On June 28, 2014, at around 17:00, the Defendant got home from the Defendant’s farm located in Gangnam-si G while drinking alcohol with the members of the E organization branch and drinking alcohol, and other members went home from the Plaintiff, and gone through a sponse with B at around 23:00 on the same day.

2. Defendant B

A. The Defendant, knowing that he/she was a spouse of the above A, was sexual intercourse with A at the time and place specified in paragraph (1).

B. On June 29, 2014, the Defendant drafted a false complaint with respect to A at the Gangwon-dong Women’s Child Center located in Gangnam-dong, Gangwon-do.

The complaint was not a rape of the defendant at night on June 28, 2014, that "A, who is the defendant, has been punished for rape in A's farm at night," or that it was not a rape of the defendant, but a sex relationship with A under mutual agreement.

Nevertheless, on June 30, 2014, the defendant submitted the above complaint to the police officer who is unable to know his name at the public service center of the Gangseo-gu Police Station located in the Gangnam-dong of Gangseo-gu.

Accordingly, the defendant was arrested for the purpose of having A receive criminal punishment.

Summary of Evidence

Defendant

A

1. Defendant A’s legal statement

1. The defendant B who made the public prosecutor's statement concerning F;

1. Defendant B’s partial statement

1. Each legal statement of witness A and F;

1. Application of Defendant B’s accusation statute

1. Relevant Article of the Criminal Act and Article 241(1) A: Defendant B of the Criminal Act: Article 241(1) of the Criminal Act and Article 156 of the Criminal Act (a point of non-competence and choice of imprisonment);

1. The punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant B) shall be the same as the punishment provided for in the heavier concurrent crimes;

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