Text
Defendants shall be punished by imprisonment for six months.
However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.
Reasons
Punishment of the crime
1. Defendant A is a person who is a spouse who has completed a marriage report with C on December 1, 2010. A
Around December 15, 2012, the Defendant had sexual intercourses with B at “DMo-si, Sincheon-gu, Sincheon-si.” B around December 20, 2012, the Defendant had sexual intercourses with B one time with B.
C. Around December 21, 2012, the Defendant sent her sexual intercourse with B and one time from the off-Gu Ecomna, Bupyeong-gu, Bupyeong-gu.
2. Defendant B knew that he was a spouse of the above A, the date, time, and place described in the A-A-C, and three times sexual intercourses with A as mentioned above, respectively.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement of the police statement regarding C;
1. Application of Acts and subordinate statutes to accusation and family relation certificate;
1. Article applicable to criminal facts;
(a) Defendant A: the first sentence of Article 241(1) of the Criminal Act
B. Defendant B: The latter part of Article 241(1) of the Criminal Code
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 on the Suspension of Execution (see, e.g., Supreme Court Decisions 201Do1448, Apr. 1, 201>