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(영문) 대전지방법원 2014.02.18 2013고단2373
간통
Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date of the final judgment, each sentence against the Defendants is imposed.

Reasons

Punishment of the crime

Defendant

A is a victim E and a person who has a legal spouse who has completed a marriage report on January 20, 1975.

1. Defendant A

A. At around 14:30 on January 15, 2010, Fnives from the Fnives located in Chungcheongnam-Namsan, B, one time of sexual intercourse with the said B.

B. Around 15:00 on April 2, 2010, H in Jung-gu Daejeon, Daejeon, had a sexual intercourse with that of the above B.

C. At around 14:30 on February 15, 201, the Fnives were sent to the foregoing Fnives, one time with sexual intercourse. D.

At around 15:00 on June 10, 201, the above H inn met with the sexual intercourses with the above B once.

E. At around 15:00 on October 20, 201, the above H inn of the said H in line with B one time.

F. On April 15, 2012, the FF had been sent to the said F F having sexual intercourses with B once.

G. On June 2, 2012, around 15:20, the Jnct, located in Daejeon Jung-gu, Daejeon, was sent to the said Jnct, one time of sexual intercourse with that of the said B.

H. At around 15:00 on August 20, 2012, the above H inn of the said H in line with B one time.

(i) On November 20, 2012, around 15:30, K innb, located in Daejeon Jung-gu, Daejeon, with the first sexual intercourse with that of the said B.

(j) On January 18, 2013, around 14:00, Daejeon Jung-gu, Daejeon, 302 Dong-dong 1404, 1404, the two-time sexual intercourses with the above B.

2. Defendant B, while being aware that he was a spouse of the said A at the same time, and at the same place as described in the preceding paragraph, had sexual intercourse with the said A ten times, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the head of a complaint (including attached marriage certificates and family relation certificates);

1. Article applicable to criminal facts;

(a) Defendant A: the first sentence of Article 241(1) of the Criminal Act

B. Defendant B: The latter part of Article 241(1) of the Criminal Code

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

1. The grounds for filing an application for adjudication on the constitutionality of statutes with respect to Defendant B’s application for adjudication on the constitutionality of statutes, such as Article 62(1) of the Criminal Act (including that the Defendant reflects the wrongness of the Defendant, that Defendant B was the first offender, and that Defendant A had no other force than a fine).

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