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(영문) 전주지방법원 2013.03.07 2013고단300
간통
Text

Defendants shall be punished by imprisonment for six months.

However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.

Reasons

Punishment of the crime

1. Defendant A is a spouse who has completed a marriage report with C on April 2, 2002.

At around 03:00 on August 15, 2012, the Defendant had sexual intercourses with B and 10 times from the house of Seojin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, with B and once sexual intercourses from the house of No. 204 B, from that time until October 9, 2012.

In this respect, the defendant was sent to B more than 10 times.

2. Defendant B, even though being aware that he was a spouse of A, had sexual intercourses with A at the same time and place as that of paragraph (1), from that time until October 9, 2012, and had sexual intercourses with A over ten times, as shown in the list of crimes in attached Form A, from October 9, 2012.

Accordingly, the defendant was 10 times more than A, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement by the prosecution against C;

1. Application of the marriage relation certificate and the Acts and subordinate statutes as evidence for divorce action;

1. Defendants of relevant legal provisions concerning criminal facts: 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; and

1. Defendants subject to suspended execution: It is so decided as per Disposition by the assent of all participating Justices on the grounds of not less than Article 62(1) of the Criminal Act (the confessions of crimes and reflects against them, Defendant A is the primary offender, Defendant B is the primary offender, and Defendant B is only one time before and after a fine is imposed).

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