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(영문) 인천지방법원 부천지원 2013.05.09 2013고단279
간통
Text

Defendants shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Defendant A is a person who is a spouse who has completed a marriage report with C on December 12, 2008. A.

On December 5, 2012, 03:0 on December 5, 2012, the Defendant provided D 303 of Seocheon-si, Seocheon-gu and 1 time sexual intercourse.

B. On December 8, 2012, the Defendant sent sexual intercourses with the above B at the same place as the preceding paragraph, at around 16:00.

C. On December 9, 2012, the Defendant had sexual intercourses with the above B at the same place as the preceding paragraphs at around 00:20.

In this respect, the defendant was sent to B and each other over three times.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to C by the police;

1. Application of Acts and subordinate statutes in the table of complaint, on-site photographs, records of seizure, marriage certificate, certificate of marital relationship, original copy of receipt, and request for appraisal;

1. Article applicable to criminal facts;

(a) Defendant E: the main sentence of Article 241(1) of the Criminal Act

(b) Defendant F: the latter part 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. Article 62 (1) of the Criminal Act of the suspended execution;

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