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(영문) 울산지방법원 2013.07.11 2013고단1729
간통
Text

Defendants shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Defendant A, who was a spouse who completed a marriage report with C on November 15, 2012, was married with C on March 9, 2013 and who was sexual intercourse with B on March 9, 2013 with B around 12:45.

2. Defendant B knew that the above spouse was a person who had a spouse, and had sexual intercourse with A at the time and place prescribed in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to C by the police;

1. A complaint book and a marriage relation certificate;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of On-Site photographs);

1. Article applicable to criminal facts;

A. Defendant A: The first sentence of Article 241(1) of the Criminal Act

B. Defendant B: the latter part of Article 241(1) of the Criminal Act

1. Article 62(1) of the Criminal Act (Article 62(1) of the suspended execution (Article 62(1) of the Criminal Act) (Article 62(1) of the same Act (see, e.g., Supreme Court Decision 2009Da14488, Feb. 26, 2013) (Article 62(1));

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