Defendants shall be punished by imprisonment for ten months.

Provided, That each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Defendant A is a person who is a spouse who has completed a marriage report with F on August 27, 1981.

On July 15, 2013, the Defendant sent to the H private house located in Gyeonggi-gu G from the G of Gyeonggi-do on July 15, 2013 by comparing B with one another.

2. Defendant B

A. The Defendant, despite being aware that he is a spouse of A, was sexual intercourse with A at the time and place specified in paragraph (1). As seen above, the Defendant was sexual intercourse with A once.

B. On July 15, 2013, the Defendant intrusiond the victim’s residence by entering the victim’s house, without obtaining the consent of the victim F, for the purpose of livering with A, such as the aforementioned new wall A around July 15, 2013.

Summary of Evidence

1. The legal statement of the witness F (as to the defendant B)

1. The prosecutor's statement concerning the F;

1. Statement made by the police against I (with respect to Defendant A)

1. Seizure records;

1. Investigation report (Submission of marriage relation certificate);

1. A request for appraisal by the National Scientific Investigation Institute;

1. A president of the F;

1. Recording records;

1. Application of the Acts and subordinate statutes to each of the Defendants

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: the first sentence of Article 241(1) of the Criminal Act (a)

B. Defendant B: 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. Article 62 (1) of the Criminal Act (including the fact that the defendant has no criminal records of probation or heavier) ;

1. Reasons for conviction under Article 62-2 of the Criminal Act of the community service order;

1. In the case of a crime of adultery, the contents of which are the conviction between men and women, and the determination of conviction against the Defendants, it is difficult to expect the existence of a direct physical evidence or witness, since such act is conducted under the circumstances in which it is difficult for the parties in ordinary to find it confidential or outside.

Therefore, it is recognized that the facts of crime are proved by taking account of all the indirect evidence about the situation before and after the crime.