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(영문) 부산지방법원 2014.08.22 2014고단2651
간통
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant B is a person who has completed a marriage report with D on July 16, 2007.

At around 22:30 on December 6, 2013, the Defendant sent to the FMoel 306 room located in Seo-gu Busan, Seo-gu, Busan, one time of sexual intercourse with A.

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

Summary of Evidence

1. Statement made to D by the police;

1. Notification of the results of appraisal, and application of the Acts and subordinate statutes to four photographs; and

1. Article 241(1) of the Criminal Act applicable to the facts constituting a crime;

1. As to the Defendants’ assertion of the suspended execution (the grounds for sentencing under Article 62(1) of the Criminal Act) and the Defendants’ assertion of the grounds for sentencing are denied, but the evidence, in particular, found the facts of the instant crime according to the result of appraisal.

Although it is not easy to impose punishment, it is not possible to impose punishment in consideration of the controversy over the punishment of adultery.

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