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(영문) 의정부지방법원 2014.12.15 2014고단3137
간통
Text

Defendants shall be punished by imprisonment for six months.

However, for one year from the date when this judgment has become final and conclusive against the Defendants, each of the above.

Reasons

Punishment of the crime

Defendant

A is a person married with D on January 5, 2005.

1. Defendant A

A. On June 9, 2014, around 19:00, the Defendant sent B and once sexual intercourse at the Felel located around E in Seocheon-si, Ma;

B. At around 00:30 of the same month, the Defendant had a studio B and one time in the studio GB01 B at the Government-si, and eventually, the Defendant had a her spouse respectively.

2. Defendant B with knowledge of the fact that the above Defendant had a spouse,

A. Felon June 9, 2014 at Furher around 19:00, Furher around Ma-si, E, one time, and

B. At around 00:30 of the same month, the Defendant provided a single sexual intercourse with the above A at the studio of Gu Government-Si GB01 B, and the Defendant eventually exchanged with the spouse, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of family relation certificate (A);

1. The Defendants: Article 241(1) of the Criminal Act (In each way, the points of communication) applies to the pertinent criminal facts and the choice of punishment;

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 under suspended execution: (a) the Defendants’ grounds for sentencing under Article 62(1) of the Criminal Act are against all the facts of the instant crime; (b) Defendant A is the primary offender; and (c) Defendant B has no other penalty force except for the two times of fines. Considering the means and results of the instant crime, comprehensively taking into account all the conditions of sentencing, including the circumstances after the commission of the instant crime, the age, character and conduct of the Defendants, and family environment.

It is so decided as per Disposition for the above reasons.

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