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(영문) 서울북부지방법원 2014.05.01 2014고단391
간통
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, each of the above defendants is against the defendants for one year.

Reasons

Punishment of the crime

1. Defendant A is a person who has been married with C on August 14, 2006.

Defendant

A, on July 2013, 2013, was sent to B and once from the E’s house located in Jeonnam-gun, Jeonnam-gun.

Defendant

A, including that, from around that time to September 17, 2013, it was 4 times, as shown in the list of offenses in attached Form A, with B.

2. Defendant B, despite being aware that he/she was a spouse of the above A, had a sexual intercourse with A at the “GMoel” guest room located in the “GMoel” Seoul YEF around September 17, 2013.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Statement of the police statement regarding C;

1. Marriage relation certificate:

1. Family relation certificate:

1. Application of Acts and subordinate statutes governing recording records;

1. Defendant A of pertinent legal provisions concerning criminal facts: The latter part of Article 241(1) of the Criminal Act; the former part of Article 241(1) of the Criminal Act;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances, etc., considered as the reasons for sentencing) recognizes the Defendants as committing the instant crime. Defendant A is the first offender who has no criminal record. Defendant B has no criminal record in addition to being punished by a fine of KRW 300,000 due to the violation of the Military Service Act in around 1996, and there is no criminal record other than the Defendants’ age, character and conduct, environment, and circumstances after the commission of the instant case. In full view of all the circumstances revealed in the arguments in the

It is so decided as per Disposition for the above reasons.

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