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(영문) 광주지방법원 순천지원 2014.04.16 2013고단2498
간통
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

1. Defendant A is a person who has completed a marriage report with D on February 16, 2002.

At around 15:00 on July 12, 2013, the Defendant sent to the FMoel in E at the time of women, one time of sexual intercourse with B.

2. Defendant B knew that he was a spouse of the above A, the date, time, and place described in paragraph (1) was sexual intercourse with the above A once.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on marriage relation certificates

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. The defendants of suspended sentence: The defendants of the reasons for sentencing under Article 59(1) of the Criminal Code (the period of suspended sentence: imprisonment with prison labor for 6 months) reflects the depth of the crime of this case, the number of criminal offenses are limited to one time, and the defendant A has only one criminal records, and the defendant B has no criminal records, and where the defendant B is sentenced to a suspended sentence or a heavier punishment, the defendant B has to retire automatically from the company. This seems to be too harsh for the above defendant, and the discussion is proceeding on the constitutionality and abolition of the crime of adultery.

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