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(영문) 창원지방법원 마산지원 2013.05.22 2013고단87
간통
Text

1. Defendant A shall be punished by imprisonment for four months.

However, the above sentence 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 the victim C on March 18, 1996. A.

The Defendant, within the boundary of the residence of B located in the Haan-gun, Hagu-gun, Hanam-gun, 17:00, the first 17:00, the second 16:40, July 17, 2012, and the third 16:40, July 26, 2012, 201, 4: (a) the first police officer of August 5, 2012, 5: (b) the first 11, from August 5, 2012 to August 12, 2012; and (c) the Defendant, from August 12, 2012 to August 18, 2012, sent two and one time between B and the same month.

B. At around 18:30 on September 1, 2012, the Defendant had a single sexual intercourse with B at the mother telecom where it is difficult to know the trade name near the Masan-si E, Changwon-si.

2. On September 7, 2010, Defendant B was sentenced to a suspension of the execution of four months of imprisonment for fraud at the Busan District Court, which became final and conclusive on May 20, 201.

After being aware that the defendant is a spouse A under the above paragraph (1), he/she had sexual intercourse with A seven times in the same date and place as that of paragraph (1).

B. Around 04:30 on May 6, 2010, the defrauded provided the victim G management Hoak-gu F in Sungwon-si, Sungwon-si with alcohol and alcohol in a manner that seems to make a speech and behavior that would make the victim to pay the price, and acquired the victim with the beer and beer equivalent to the total market value of 115,00 won by deceiving the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. G statements;

1. Marriage relation certificate:

1. Application of a copy of judgment attached to an investigation report;

1. Defendant A of the pertinent legal provision relating to the facts constituting a crime: Articles 241(1) and 347(1) of the Criminal Act

1. The latter part of Article 37 of the Criminal Act and Article 39 (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. Article 62 (1) of the Criminal Act for the suspension of execution;

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