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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. Defendant A is a person who has been married with D on September 14, 2004.
At around 01:00 on August 24, 2012, the Defendant sent to the Defendant with a single sexual intercourse with B in a room in which it is impossible to know the family room of the building E of the Dong-gu, Yongsan-gu, Incheon Metropolitan City.
2. Defendant B knew that he was a spouse of the above A, and had sexual intercourse with A once at the same time and place as above.
Summary of Evidence
1. Defendants’ respective legal statements
1. Protocol concerning the interrogation of the Defendants by the prosecution
1. Statement of each police statement regarding D;
1. Police seizure records;
1. Application of the marriage relation certificate and the corresponding Acts and subordinate statutes requested for appraisal by the National Institute of Scientific Investigation;
1. Defendants of relevant legal provisions concerning criminal facts: Article 241(1) of the Criminal Act
1. The Defendants are subject to suspended execution: It is so decided as per Disposition by the assent of all participating Justices on the grounds of not less than Article 62(1) of the Criminal Code (the fact that the Defendants are divided by mistake, the circumstances leading to the instant crime and the circumstances after the commission of the crime).