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(영문) 의정부지방법원 2013.07.17 2012고단3338
간통
Text

Defendants shall be punished by imprisonment for six months.

However, the above judgment against the defendants is made for one year from the date of the above judgment.

Reasons

Punishment of the crime

1. Defendant A is a person who has completed a marriage report with F on December 13, 2006.

On May 24, 2012, around 16:30 on May 24, 2012, the Defendant sent the G apartment at the home of the Defendant No. 512 1604, G apartment at the Government-si of the Gyeonggi-si.

2. Defendant B

A. The Defendant was aware that he/she was a spouse of the above A, and the date, time, place, as described in paragraph (1), and one time sexual intercourse with A as mentioned above.

B. The Defendant, who entered a residence, entered the said F’s residence for the purpose of communication at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements (as of the third and fourth trial date);

1. Legal statement of witness F;

1. Application of the written complaint, marriage certificate, reception certificate, and copy of complaint Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and subparagraph A of the decision on the punishment: Defendant B: the main sentence of Article 241(1) of the Criminal Act (commencing point): the latter part of Article 241(1) of the Criminal Act and Article 319(1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment);

1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decision 2006Do148, Apr. 1, 2008)

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