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Defendants shall be punished by imprisonment for six months.
However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Defendant A is a person who completed a marriage report with C on May 17, 2004. A.
At around 03:00 on February 7, 2010, the Defendant, who was in the house B located in Jeollabuk-si, Jeollabuk-do, Kim Jong-si, Jeollabuk-do, was in the middle of 303 Dong 304, B and 1 time.
B. At around 02:00 on March 16, 2010, the Defendant sent to the Defendant with sexual intercourse once with B at the same place.
2. Defendant B knew that he is a spouse of Defendant B, the Defendant was sexual intercourses with A and two times at the same time and place as above, respectively, in recognition of the fact that he is a spouse of A.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement to C by the police;
1. Police seizure records;
1. Response to the request for appraisal;
1. Application of Acts and subordinate statutes on family relation certificate;
1. Defendant A of the pertinent Article of the Criminal Act concerning the crime: The first sentence of Article 241(1) of the Criminal Act: the second sentence of Article 241(1) of the Criminal Act;
1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and
1. Defendants in a suspended sentence: Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Do1448, Apr. 1, 201)