Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for ten months.

, however, from the date this judgment becomes final.

Punishment of the crime

1. Defendant A is a person who is a spouse who has completed a marriage report with E on October 2, 2003. A

At around 15:00 on April 3, 2009, the Defendant had sexual intercourse with B at the house of the Defendant located at 102 dong 208, Young-gu, Youngdong-gu F apartment at 102 dong 208.

B. On May 7, 2009, the Defendant sent sexual intercourse with B at the same place as that of the preceding paragraph at around 16:00.

In this respect, the defendant was sent to the above B twice.

2. Defendant B knew that he was a spouse of the above A, and even at each time and place described in paragraph (1), the Defendant had sexual intercourses with A twice as mentioned above, respectively.

Summary of Evidence

1. Each legal statement of Defendant A, G, and E;

1. Part concerning the statement made by the defendant A in the prosecutor's office concerning the defendant B

1. Statement of each police statement concerning E and G;

1. Application of Acts and subordinate statutes to the complaint and marriage 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. Determination as to the assertion by the defendant B and the defense counsel under Article 62 (1) of the Criminal Code (the defendant A is divided by mistake, the defendants have no criminal record, and the sentencing precedents in similar cases) of the Act on the Suspension of Execution

1. The gist of the assertion is that the Defendant had sexual intercourse with A, as described in the facts constituting a crime.

2. However, the judgment is based on the following circumstances acknowledged by the evidence as above: (a) A recognizes the fact of sexual intercourse with the Defendant, i.e., as stated in the facts constituting a crime; (b) A’s husband E and Cerat G listens to talks from his children; and (c) around August 201, 201, the Defendant recognized the fact of adultery to the Defendant and A; and (d) in light of the Defendant’s age, social career, statement circumstances, etc., the Defendant’s above statement that recognized A’s husband of the fact of adultery was not considered as a non-voluntary statement, and is deemed to have been made under reliable circumstances.