However, with respect to Defendant B, it shall be for one year from the date this judgment becomes final and conclusive.

Defendant

A on December 29, 2010, at the Changwon District Court Seoyang Branch, sentenced to a suspended sentence of 4 months to be punished by embezzlement on December 29, 201, and the said judgment became final and conclusive on January 6, 201, and is currently under the grace period.

1. Defendant A is a person who is a spouse who has completed a marriage report with D on February 17, 1992. A.

On March 11, 2011, the Defendant sent to the B and one time of sexual intercourse in a room where the Defendant was living together in his/her residence, not in the south of the Gyeongnam on March 11, 2011.

B. On March 23, 2011, the Defendant, at around 19:54 on March 23, 201, exchanged with the above B once, at the same place.

C. On March 30, 2011, the Defendant, at around 20:23 on March 30, 201, exchanged with the above B once, at the same place. D.

On April 5, 2011, the Defendant, at around 19:00 on April 5, 201, sent to the same place as above B one time with sexual intercourse.

E. On April 25, 2011, the Defendant, at around 20:20 on April 25, 201, exchanged with the said B once, at the same place.

2. Defendant B, despite being aware of the fact that he is a spouse of A, had sexual intercourses with A over five times at each date, time, and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of Defendant B by the prosecution;

1. Each police interrogation protocol against the Defendants

1. Statement made to D by the police;

1. A complaint, a marriage certificate, and a certificate for receipt of a divorce case;

1. Records of seizure and the list of seizure;

1. Previous records of judgment: Application of criminal records, references to criminal records, investigation reports, and Acts and subordinate statutes;

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

1. Defendant B: The reasons for sentencing under Article 62(1) of the Criminal Act are against all the Defendants’ mistake in sentencing, and Defendant A is under probation.