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(영문) 청주지방법원 제천지원 2014.02.13 2013고단731
간통
Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above penalties for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person who has been married with D on November 22, 1995.

On February 17, 2013, the Defendant sent to the Defendant by comparing B with B at the house located in Incheon-si E, 104 Dong 1003 (F apartment).

2. Defendant B knew that he was a spouse of the above A, and even at the time and place prescribed in paragraph (1), the Defendant had sexual intercourse with A once as above.

Summary of Evidence

1. Defendant A’s legal statement

1. The witness A’s legal statement (as to the defendant B)

1. Protocol concerning the suspect examination of the defendant B by the prosecution;

1. Statement by the prosecution concerning D;

1. Application of the Acts and subordinate statutes on the details of text transmission between D and B;

1. Defendant A of the pertinent Article of the Criminal Act relating to the facts constituting the crime: Defendant B of the main sentence of Article 241(1) of the Criminal Act (the main sentence)

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of community service work: Defendant A with reasons for sentencing under Article 62-2 of the Criminal Act; Defendant B, while being aware of such fact, was living together from December 2009 to around the day of the instant crime, gave birth to his child; accordingly, Defendant A and the complainant’s family have reached a failure, and thus, Defendant A and the complainant’s mental suffering seems to have been considerable.

Defendant

A, around August 2012, even though the complainant knew of the defendant's communication, but even though the complainant provided an opportunity to write down the situation, the relationship continues to exist, and the family failure between the complainant and the complainant is not good.

Defendant

B, even though the family of the complainant has broken down due to his or her commercial act, it does not seem that there was any reflection, such as threatening the complainant by text message, or denying the fact that the complainant's child was born, even though the complainant's family has broken down.

As a result, there has been social controversy as to whether the crime of adultery exists or not, and accordingly, the punishment of the crime of adultery has become weak, and defendant B.

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