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(영문) 수원지방법원 평택지원 2012.02.09 2011고단1292
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 person who is a spouse who has completed a marriage report with C on May 8, 2002. A.

On September 23, 2010, at around 23:00, the Defendant sent to B with a single sexual intercourse in a room in which it is impossible to find out the second floor of Pyeongtaek-si Doel.

B. On December 12, 2010, around 19:00, the Defendant 45 passenger buses parked in front of a park of the Pyeongtaek-si E-si, with B and once sexual intercourse.

C. On February 201, 201, the Defendant, around 20:00, 45 passenger buses parked in front of a park of Pyeongtaek-si E-si, with B and once sexual intercourse.

On March 201, 201, at around 20:00, the Defendant 45 passenger buses parked in front of the Park of Pyeongtaek-si E-si, with B and one time of sexual intercourse.

E. On April 201, 201, the Defendant taught B and once with a room where the number of two stories of Pyeongtaek-si Fel is unknown.

In this respect, the defendant was sent to the above B over five times.

2. Defendant B knew that the above spouse was a spouse, and even at the same time and place as above, the above Defendant had sexual intercourses with A five times with each other, respectively.

Summary of Evidence

[Defendant A]

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. The first written statement concerning Defendant B at the prosecution's first written protocol of examination of the suspect;

1. A complaint;

1. Statement by the police against C (Defendant B);

1. Defendant B’s partial statement

1. Defendant A’s legal statement

1. Each legal statement of a witness A and C;

1. The first written statement concerning Defendant B at the prosecution's first written protocol of examination of the suspect;

1. First prosecutor's protocol of suspect examination against Defendant A;

1. The description of the defendant A's statement in the second interrogation protocol of the defendant A and B, and the part of the defendant B's statement

1. A complaint;

1. Application of the police protocol law to C

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: The first sentence of Article 241(1) of the Criminal Act (Optional to imprisonment with prison labor);

B. Defendant B: The latter part of Article 241(1) of the Criminal Act (amended by imprisonment with prison labor);

1. Defendants among concurrent crimes: each criminal law.

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