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(영문) 서울동부지방법원 2015.01.29 2014고단3175
간통
Text

Defendants shall be punished by imprisonment for eight months.

except that the execution of the above punishment shall be suspended 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 D on October 17, 1977.

At around 09:00 on December 13, 2009, the Defendant, along with B and once sexual intercourses with B at the FMoel located in Songpa-gu Seoul, Songpa-gu, Seoul, and from that time, went through the intersections with B over 11 times from December 17, 2010, as shown in the list of crimes in attached Form 11.

2. Defendant B was aware that he was a spouse of the above A, and even at each time and place described in the preceding paragraph, the Defendant sent 11 times sexual intercourse with both A and A, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Statement made by the prosecution concerning D;

1. Application of Acts and subordinate statutes to the complaint and marriage relation certificate;

1. Article 241 (1) of the Criminal Act applicable to the facts constituting an offense (commencing and choosing imprisonment);

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 for the suspension of execution (see, e.g., the confession of a criminal conduct and reflective facts, and the primary charge);

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