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Defendants shall be punished by imprisonment for six months.
However, from the date of the conclusion of the judgment, the defendants are above for one year.
Reasons
Punishment of the crime
1. Defendant A is a person who is a spouse who has completed a marriage report with C on October 4, 2000.
On April 26, 2014, around 13:00, the Defendant sent to the E 203 room located in Sinpo City D with B one sexual intercourse.
2. Defendant B was aware that he was a spouse of A, and had sexual intercourse with A at the same time and place as that of paragraph (1).
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement by the prosecution against C;
1. Written complaint filed by C;
1. Investigation report (Attachment of marriage relation certificate);
1. Application of the detailed statement of Samsung Card Use and the Acts and subordinate statutes governing family relation certificates;
1. Defendant A of the pertinent Article of the Criminal Act concerning the facts constituting the crime: The first sentence of Article 241(1) of the Criminal Act and the first sentence of Article 241(1) of the Criminal Act;
1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act; Article 62(1) of the same Act (see, e.g., Supreme Court Decisions 2009Do124, Apr.