Text
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.
, however, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Defendant B is a person who is a spouse who has completed a marriage report with D on December 27, 2000. A.
On November 17, 2012, the Defendant provided a single sexual intercourse with A at a guest room where it is impossible to know the heading of the Felel in Gwangju-si E, Jeonyang-nam.
B. A around December 23, 2012, the Defendant sent to a guest room where it is impossible to find out the heading of the FMoel E in Gwangju-si, Jeonyang-nam, with a single sexual intercourse with A.
C. At around 16:00 on January 28, 2013, the Defendant, at a guest room where it is impossible to know the heading of the Felel E in Gwangju-si, Jeonyang-nam, Ma with sexual intercourse A and one time.
2. Defendant A knew that he was a spouse of the above B, the Defendant had sexual intercourses with B three times, respectively, at the time, at the time, at the place, and at the place, as mentioned above, in the first-A, (b) and (c).
Summary of Evidence
[Defendant B]
1. Defendant's legal statement;
1. Legal statement of witness D;
1. Letters;
1. Marriage relation certificate (Defendant A);
1. Each legal statement of witness B and D;
1. The police statement concerning G;
1. Letters;
1. Application of Acts and subordinate statutes on marriage relation certificates
1. Defendant A of pertinent legal provisions concerning criminal facts: The latter part of Article 241(1) of the Criminal Act; the former part of Article 241(1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Determination as to Defendant A’s assertion of Article 62(1) of the Criminal Act (the favorable circumstances of the grounds for the suspended sentence)
1. The gist of the assertion is that Defendant A was in conflict with B as criminal facts.
2. The defendant B was present as a witness in this court and stated to the effect that "the defendant A and sexual intercourses with the defendant A over three times as stated in the facts of crime". There is no reason to suspect the credibility of the statement in light of the attitude of the statement and the concreteness of the statement.
In addition, D has attended this court as a witness and stated to the effect that “When the Defendants came to know about January 2013, Defendant A was found to have a knee and knek kneel, there is an empty book.” This conforms with B’s above statement.