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(영문) 대전지방법원 2012.08.23 2012고단1913
간통
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for one year 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 D on June 14, 1999. A.

On March 14, 2010, the Defendant had sexual intercourse with B at the guest room in which it is impossible to know the trade name in Daejeon Jung-gu, Daejeon.

B. On August 2010, the Defendant: (a) provided a woman’s room in which it is impossible to know the trade name in Daejeon Jung-gu, Daejeon; and (b) provided a sexual intercourse with B on one occasion at the guest room in which it is impossible for the Defendant to know the trade name

C. At around 17:00 on October 30, 2010, the Defendant sent sex B and once to a female guest room in which it is impossible to identify the trade name in Daejeon-gu E.

On November 13, 2010, around 14:45, the Defendant had sexual intercourse with B in a female room in which it is impossible to know the trade name in Jung-gu, Daejeon.

E. On April 30, 201, around 15:30 on April 30, 201, the Defendant had sexual intercourse with B in a female room in which it is impossible to identify the trade name in Daejeon Jung-gu, Daejeon.

F. On May 7, 2011, around 16:40 on May 7, 201, the Defendant had sexual intercourse with B in a female room in which it is impossible to identify the trade name in Daejeon Jung-gu, Daejeon.

G. On December 15, 201, around 21:15, the Defendant provided sexual intercourse with B and once at a female room where it is impossible to identify the trade name in Daejeon-gu, Daejeon-gu.

Accordingly, the defendant was sent to the above B more than seven times.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. A complaint;

1. Marriage relation certificate:

1. Application of each statute on photographs;

1. Defendant A of the pertinent Article of the Criminal Act concerning the crime: The first sentence of Article 241(1) of the Criminal Act: the second sentence of Article 241(1) of the Criminal Act;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Code for the suspended sentence are as follows: (a) the Defendants recognized each of the instant offenses; (b) Defendant B was the primary offender; and (c) the motive and motive of the Defendants’ crimes.

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