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(영문) 의정부지방법원 고양지원 2012.09.14 2012고단936
간통
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person who has a spouse who has completed a marriage report with C on November 21, 1990. A.

At around 13:00 on May 10, 2012, the Defendant sent sexual intercourse with B and once in a room in which it is impossible to know the family room of the E hotel located in Ilyang-gu, Seosan-gu.

B. At around 14:00 on June 12, 2012, the Defendant provided sexual intercourse with B and once in a room where it is impossible to find out the family room of the Gelel located in Yongsan-gu, Mangsan-si.

C. At around 14:00 on June 22, 2012, the Defendant sent a sexual intercourse with B and once at the E hotel Nos. 506 located in Mangsan-gu, Mangsan-si.

In this respect, the defendant was sent to B and each other over three times.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement regarding C;

1. A criminal investigation report;

1. A complaint;

1. A certificate of divorce;

1. Application of the photographic Acts and subordinate statutes;

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 (defendants), the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act;

1. The sentencing reasons of Article 62(1) of the Criminal Act are as follows: (a) the Defendants recognized the instant crime; (b) the first offender; and (c) all of the sentencing conditions shown in the instant pleadings, and (d) the sentence as ordered.

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