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(영문) 의정부지방법원 2014.06.27 2014고단910
간통
Text

Defendants shall be punished by imprisonment for four months.

However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person who has completed a marriage report with D on December 10, 209.

On July 4, 2013, the Defendant, at a room where it is impossible to know the Felel in Gyeonggi-si, who is located in Gyeonggi-si, had a sexual intercourse with B once with B, and had it shared four times from that time to January 7, 2014, as described in the list of crimes.

2. Defendant B knew that he was a spouse of the above Defendant B, the above time, place, as seen above, had sexual intercourse with A one time with A, as well as was described in the attached list of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Marriage relation certificate and reception certificate;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Defendant A of the pertinent Article of the Criminal Act relating to the facts constituting the crime: Defendant B of Article 241 of the Criminal Act; the latter part of Article 241 of the Criminal Act;

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

1. Defendants under suspended execution: (a) there are unfavorable circumstances such as the nature of the crime in light of the reasons for sentencing under Article 62(1)(i) of the Criminal Act and the frequency of the crime in this case’s sentencing; (b) the number of times in which the Defendants did not agree with their spouse; (c) on the other hand, there are favorable circumstances such as the Defendants’ confessions and reflects all of the crimes in this case; and (d) the Defendants are the primary offenders. Such circumstances and other Defendants’ respective ages, character and behavior, environment, and conditions of sentencing are comprehensively taken into account; and (e) the sentence is determined as per the disposition.

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