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(영문) 대구지방법원 2010.05.11 2010고단1003
간통
Text

Defendants shall be punished by imprisonment for six months.

However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.

Reasons

Punishment of the crime

1. The defendant A is a male who has a spouse who has reported a marriage with C on May 30, 1977.

A. On March 2009, at a room where it is impossible to find out the heading room of the Eelel located in Daegu-gu, Seogu, 2009, B and once sexual intercourse;

B. On August 2009, F apartment 108, 801, F apartment 108, B and 1 other sexual intercourse;

C. On November 2009, F apartment 108, 801, F apartment 108, B and 1 other sexual intercourse;

D. At around 05:00 on January 9, 2010, Kimcheon-si F apartment 108 Dong 801, B and once sexual intercourse.

In this respect, the defendant was sent to B more than four times, respectively.

2. Defendant B knew that the above spouse was a male with the above spouse A, the above Defendant had sexual intercourse with the above four times at the above time and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement regarding C;

1. Application of the marriage relation certificate, source of proof of filing a lawsuit, statement of performance, investigation report, photographs, and text messages statutes;

1. Defendant A of the pertinent Article of the Criminal Act concerning the facts constituting the crime: The first sentence of Article 241(1) of the Criminal Act and the first sentence of Article 241(1) of the Criminal Act;

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

1. It is so decided as per Disposition by the court below on the grounds of Article 62(1) of each Criminal Code (a) of the suspended execution (the agreement between the defendant A and C was concluded to have a divorce in a divorce lawsuit, and the defendant A appears to have transferred the property corresponding to the defendant A as a consolation money and a property division, and the defendants were the first offender or have no particular power, and the facts that the crime of this case was led to the confession

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