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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.
Reasons
Punishment of the crime
1. Defendant A is a person who is a spouse who has completed a marriage report with C on July 13, 2010. A.
At around 16:00 on March 1, 2013, the Defendant sent to the Macheon-si, Samcheon-si with B one time of sexual intercourse.
B. On March 7, 2013, at around 21:00, the Defendant sent to a single sexual intercourse with B at the Maelel where the trade name near the E located in Chuncheon City D is unknown.
C. Around March 22, 2013, the Defendant, at the house of Chuncheon-si, F apartment 103, 1801 C, 1801, went through the intersection with B once.
2. Defendant B
A. The Defendant knew that he is a spouse, and even at the time and place specified in paragraph (1) above, sent to A three times of sexual intercourse, respectively, as stated in paragraph (1) above.
B. On March 21, 2013, at around 21:00, the Defendant entered the house of the victim C, Chuncheon City F apartment, 103 1801, and invaded upon the victim’s residence.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement of C;
1. Application of Acts and subordinate statutes to the marriage relation certificate and the source of proof of filing a lawsuit, etc.;
1. Relevant Article of the Criminal Act and Article 241 (1) A of the Criminal Act: Defendants B of the first sentence of Article 241 (1) of the Criminal Act: The latter part of Article 241 (1) of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment);
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 each Criminal Act (see, e.g., that the Defendants reflect the instant crime, that Defendant A was the first offender, and that Defendant B did not have the same criminal power)