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(영문) 울산지방법원 2012.09.14 2012고단1306
간통
Text

Defendants shall be punished by imprisonment for six months.

However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.

Reasons

Punishment of the crime

1. Defendant A is a spouse who has completed a marriage report with F on June 2, 2011.

On November 5, 2011, from around 23:00 to around 09:00 on November 6, 2011, the Defendant was well informed of the Hmotour from around 703 to around 09:00, in Ulsan-gu G, Ulsan-gu, with sexual intercourse twice.

2. Defendant B was aware that he was a spouse of the above A, and the above time and place were sexual intercourses with A twice, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Seizure records;

1. An appraisal report or on-site photograph;

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

1. As to the Defendant’s defense counsel’s assertion of Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution (the Defendant’s confessions and reflects the fact that the Defendant’s spouse is a crime committed while the divorce lawsuit instituted by Defendant A’s spouse F is pending)

In light of the foregoing, the term “abstin and abstinence” refers to the prior consent of the adultery, and where the parties to the marriage have no intention to continue the marriage and there is an obvious agreement of the intention to divorce, the marital relationship remains legally.

Even if the other party’s expression of intent to agree in advance is deemed to be included in the agreement, and whether there was an obvious agreement on divorce will or not shall be deemed to have been made in writing, as well as in the case of a written agreement, and in light of the various circumstances such as the parties’ speech and behavior, both parties to the marriage have no intention to maintain the matrimonial relationship, and one party’s request for divorce shall be deemed to have been authentic.

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