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(영문) 서울북부지방법원 2012.06.22 2012고단1189
간통
Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants for two years from the date this judgment became 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 October 1, 2007. A

At around March 21, 2012, the Defendant sent sexual intercourse with B and once in a Mosel room where the trade name and heading room near the upper salary terminal in Jung-gu, Seoul, Jung-gu cannot be known.

B. On March 16, 2012, at around 21:00, the Defendant provided a single-time sexual intercourse with B and one-time sexual intercourse at a Mosing room where the trade name and family room near the upper salary terminal in Jung-gu, Seoul.

C. On April 9, 2012, around 12:30, the Defendant sent a sexual intercourse with B and once at a Moel room where the trade name and defense room near the Gangseo-gu Office of Gangseo-gu Seoul Metropolitan Government is unknown.

On April 14, 2012, around 23:30 on April 23:30, 2012, the Defendant provided sexual intercourse with B and once in the Moururine room where the trade name and head office cannot be known in the vicinity of the subway of Gangseo-gu Seoul Metropolitan Government.

E. At around 13:00 on April 22, 2012, the Defendant provided a single sexual intercourse with B in a Moel room where the trade name and room near the Gangseo-gu Office of Gangseo-gu Seoul Metropolitan Government is unknown.

Accordingly, the defendant was sent to the above B more than five times.

2. Defendant B knew that the above spouse was a spouse, and even at the same date, time, time, and place as prescribed in Article 1(c), (d), (e), and (3) sexual intercourse with the above A, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the police protocol law to C

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. Of concurrent crimes (defendants), the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act;

1. The sentencing grounds of Article 62(1) of the Criminal Act are as follows: (a) the Defendants recognized the instant crime; (b) the first offender; and (c) all of the sentencing conditions shown in the instant pleadings, and (d) the sentence identical to the disposition is imposed.

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