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(영문) 청주지방법원 2012.11.28 2012고단1248
간통
Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a spouse who has completed a marriage report with E on January 24, 1984.

On March 29, 2011, at around 22:00, the Defendant, at a room where it is impossible to know the heading of “Gmotour” located in Cheongju-si, a considerable amount of Cheongju-si, had sexual intercourse with B once with B from August 9, 201 to August 19, 201, as described in the list of crimes in the separate sheet, had sexual intercourse between B and 4 times between B and Cheongju-gun, respectively.

2. Defendant B knew that he was a spouse, and even at the time and place specified in paragraph (1), the Defendant had sexual intercourses over four times with A as mentioned above, respectively.

Summary of Evidence

1. Defendant A’s legal statement

1. Each legal statement of witness A, E, and H;

1. Sheet photographs stored in each book or cell phone, pictures stored in the cell phone, and inter-section photographs;

1. Application of Acts and subordinate statutes to an investigation report (verification of details of cellphone calls);

1. Defendant A of the relevant Article of the Criminal Act concerning the crime: The first sentence of Article 241(1) of the Criminal Act: The latter part 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. Judgment on the assertion by the Defendants and the defense counsel under Article 62(1) of the Criminal Act

1. Determination as to the Defendants and their defense counsel's assertion of good faith

A. On August 14, 2011, the gist of the assertion, E, the complainant, drafted a letter of intent not to raise a civil or criminal objection against the Defendants with knowledge of the Defendants’ adultery, and asserts that this constitutes a time of livering correspondence.

B. In the crime of adultery, one-way act indicating that one-party spouse renounces his or her bad faith with the intention to continue the matrimonial relationship and does not hold the other party liable for such an act upon the other party’s knowledge of the other party’s communication. In order to be recognized as a letter of intent, first, one-way act expressing his or her emotions or intention was voluntarily performed with the other party’s awareness of the other party’s communication.

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