Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Criminal facts

1. Defendant A is a person who is a spouse who has completed a marriage report with E on November 5, 2004. A

around 9-10:00 as of April 2012, the Defendant, at the house of Gyeyang-gu, Incheon, the F apartment 102 Dong 1503 Dong 1502 Dong B, had a common understanding with B once.

B. On May 201, 2012, the Defendant, at the first night and night of the instant paragraph (a), sent to the Defendant with sexual intercourse one time with B at the same place as that of the said paragraph.

C. On May 201, 2012, the Defendant, at the same time and at the same place as the above paragraph (a) at the end of night, had a sexual intercourse with B once. D.

On June 2012, the Defendant had a sexual intercourse with B and one time at the same place as the above paragraph (a) at night.

E. On July 2012, the Defendant, who was sexual intercourses with B and one time at the same place as the above-mentioned A around the first half of July 2012.

2. Defendant B knew that he was a spouse of the above A, and even at the date, time, place, and place, as described above, sent 5 times sexual intercourse with A, respectively.

Summary of Evidence

[Defendant A]

1. Defendant's legal statement;

1. Each testimony of witness E and G;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and G;

1. The complaint filing statement, the certificate of prosecution, and the family relation certificate (Defendant B);

1. Partial statement of the defendant;

1. Each testimony of witness A, E, and G;

1. A suspect interrogation protocol of the prosecution;

1. Each police statement of E and G;

1. Application of Acts and subordinate statutes to a complaint, certificate of prosecution, and family relation certificate;

1. Article 241 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of the community service order (Defendant B);