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(영문) 청주지방법원 영동지원 2012.12.13 2012고단307
간통
Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date of the conclusion of this judgment against the Defendants.

Reasons

Punishment of the crime

Defendant

B is a person who is a spouse who has completed a marriage report with D on March 9, 1998.

1. Defendant B

A. On March 25, 2009, around 18:20 on March 25, 2009, the Defendant sent to the Defendant one-time sexual intercourse with A at the Felel 203 E located in Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do.

B. At around 13:00 on July 15, 201, the Defendant sent a HMoel 202 room located in Chungcheongnam-gun G in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, with a single sexual intercourse with A.

C. At around 12:30 on October 4, 201, the Defendant had a sexual intercourse with A on one occasion at the HMoel 202 room located in Chungcheongnam-gun G in Chungcheongnam-gun, Chungcheongnam-do. D.

At around 11:30 on November 11, 201, the Defendant had a sexual intercourse with A at 201 room of the Felel E located in Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do.

2. Defendant A knew that he was a spouse of the above B, and even at each time and place described in paragraph (1), he had sexual intercourses with B and four times respectively.

Summary of Evidence

1. Defendants’ legal statement

1. A witness I and D's legal statement;

1. Statement by the prosecution concerning I and D;

1. Application of Acts and subordinate statutes to the chief commissioner (investigative record two pages);

1. Relevant Article 241 of the Criminal Act applicable to Defendant B: The first sentence of Article 241 of the Criminal Act to Defendant A;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants subject to suspended execution: Article 62 (1) of the Criminal Act (the confession and reflective nature of the offense, and the first offense);

1. Defendants of the community service order: Article 62-2 of the Criminal Act

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