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Defendants shall be punished by imprisonment for four 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 a spouse who completed a marriage report with D on December 15, 1983.
On February 5, 2013, at around 21:42, the Defendant sent the “F” operated by the Defendant in Seo-gu Daejeon, Seo-gu, Daejeon, to a single sexual intercourse with B in a restaurant subsequent to the restaurant.
2. Defendant B knew that the above spouse was a spouse, and even at the time and place specified in paragraph (1), the above Defendant had sexual intercourse with A once as mentioned above.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement of D police statement;
1. Voluntary report and investigation report (the 9 pages, 11 pages of investigation records);
1. Records of seizure and the list of seizure;
1. On-site photographs;
1. A complaint;
1. Family relation certificate and marriage relation certificate;
1. A certificate of class action and a counterclaim;
1. The Defendants asserted that the date, time, and place indicated in the facts charged were the same as that of the request for appraisal and the written appraisal, or that there was no scarcity between them.
In a criminal trial, the finding of guilt should be based on evidence of probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt, and if there is no evidence to form such a conviction, it is doubtful that the defendant is guilty.
Even if there is no choice but to judge the interests of the defendant.
However, such a conviction should not necessarily be formed by direct evidence, and it should be formed by indirect evidence as long as it does not violate the empirical and logical rules, and even if indirect evidence does not have a complete probative value as to a crime individually, if it is deemed that there is a comprehensive probative value as to the whole evidence, if it is deemed that there is a comprehensive probative value as to the whole evidence, it can be recognized as criminal facts.
(See Supreme Court Decision 2001Do4392 Decided November 27, 2001.