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(영문) 창원지방법원 2013.10.02 2012고단3006
간통등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[2012 Highest 3006] Defendant A is a person who has completed the marriage report with D on March 8, 1991, and Defendant B is a new member of the E church, and Defendant B is a previous member of the said church.

1. A around January 18, 2012, Defendant A 23:00, and the studio 205 from 205 to 1-time sexual intercourse with B, which is located in Kimhae-si F.

2. Defendant B knew that he was a spouse of the above A, and even at the same time and place as that of the preceding paragraph, the Defendant had sexual intercourse with A once as above.

[2012 Highest 3828] On March 19, 2012, the Defendant prepared a false complaint against B via Attorney C with a view to having B receive criminal punishment at the public service center of the Mapo-dong Police Station in the Yongsan-gu Seoul Metropolitan City, Masan-si, Masan-si, Masan-si, Masan-si, 17-ro, 56.

A written complaint states that “The Defendant B, a party to the complaint, committed indecent acts by force over ten times from June 201 to August 201, 201, and even rape and even rape with a deadly weapon.”

However, the facts are that the defendant had sexual intercourse with B from around B, 2010, and there was no rape from B such as the contents of the complaint.

Nevertheless, the defendant submitted the above complaint to the non-person in charge at the public service center of the above Mapo-dong Police Station, and made a statement to the same effect as the defendant G, and made the statement to the same effect as the defendant G.

Summary of Evidence

[Defendant A]

1. Partial descriptions of the defendant in the first trial record;

1. Statement B in the first trial record;

1. Each legal statement of the witness H and I;

1. Entry of witnesses D and each statement of witnesses B in the fourth trial records;

1. Complaints of the accused;

1. Each photograph (Defendant B);

1. Entry of the defendant in the first trial records and entry of part I in the first trial records;

1. Each legal statement of the witness H and I;

1. Application of the Acts and subordinate statutes governing the statement made by witnesses D in the fourth trial record;

1. Article 241(1) of the Criminal Act and Article 156 of the Criminal Act (U.S.A.) concerning criminal facts and Article 241(1) of the Criminal Act and Article 241(1) A of the Criminal Act (U.S. and choice of imprisonment): Criminal Act;

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