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(영문) 수원지방법원 2014.11.12 2014고단4643
간통
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Reasons

Punishment of the crime

1. Defendant A is a spouse who has been divorced on August 26, 2010 after filing a marriage report with C on August 26, 1981 and completed the re-Marriage report on November 7, 201.

On April 14, 2014, at around 23:37, the Defendant sent sexual intercourse with B and once in a room where it is impossible to find out the protection room of 'Eel' located in Osan-si D.

In addition, from around that time to May 15, 2014, the Defendant, as shown in the list of crimes in the attached Form No. 109 to 10 times, respectively, passed between the above B and the above.

2. Defendant B knew that the above spouse was a spouse, and even at the above time and place, the above Defendant sent 10 sexual intercourses with A respectively.

Summary of Evidence

1. Defendants’ legal statement

1. Statement to C by the police;

1. Written confirmation of intention of divorce;

1. Application of investigation reports (verification of the details of use of cards in the name of B) Acts and subordinate statutes;

1. Defendant A of the pertinent Article of the Criminal Act concerning the crime: The first sentence of Article 241(1) of the Criminal Act: The second sentence of Article 241(1) of the Criminal Act;

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

1. The Defendants in a suspended sentence: Taking into account the following factors: (a) the Defendants’ confessions and reflects the reasons for sentencing under Article 62(1) of the Criminal Act; (b) there is no particular criminal history against Defendant B; and (c) there has been social controversy as to whether the crimes of adultery are committed or not; and (d) the punishment for

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