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(영문) 서울남부지방법원 2013.10.16 2013고단2378
간통
Text

Defendants shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed on the defendants for two years from the date of the final judgment of this case.

Reasons

Punishment of the crime

1. Defendant A is a spouse who has completed the report of marriage with E on December 8, 1986;

(a)on December 9, 2012, around 23:00, the Ftel 406 of Seocheon-gu, Seocheon-gu, Busan and one-time sexual intercourse with B;

B. From December 10, 2012, around 04:00, up to 406, up to 06, up to once with B,

(c)on January 19, 2013, at approximately 406, up to 23:00, up to 23:00, up to once with B;

(d)on January 20, 2013, around 04:00, around 406, and once with B, the sexual intercourse;

E. On February 23, 2013, around 23:00, around 406, and once with B;

F. On February 24, 2013, around 04:00, around 406, around B and once.

2. Defendant B knew that he is a spouse, and even at each time and place described in paragraph 1, he had sexual intercourse with A 6 times as described in paragraph 1, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 241 (1) of the Criminal Act applicable to the crime;

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (not less than a previous conviction against the Defendant, not more agreed with E, the circumstances leading to the instant crime may be criticized, and the recovery, etc. of the instant crime).

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