All appeals filed by the prosecutor against the Defendants are dismissed.

1. In full view of the following facts: (a) Defendant A recognized the facts charged at the time of the police investigation; (b) gave the complainant a written statement to that effect; and (c) the developments leading up to writing the written statement were reliable; (d) Defendant B’s statement is not consistent; and text messages sent and received by the Defendants correspond to the facts charged, the lower court which acquitted the Defendants of the facts charged, even though it could be found guilty, is erroneous in matters of mistake of facts.

2. Determination:

A. A. The summary of the facts charged (1) Defendant A was a spouse who has completed a marriage report with D on May 28, 1986, and the Defendant, on July 3, 201, was sexual intercourse with B and once in a room in which it is impossible to identify the head of the Dong-dong Eel on July 3, 2011, and the Defendant, including the Defendant, made a single sexual intercourse with B from that time to December 25, 201 by the above method, respectively, more than ten times in total, as described in the list of crimes in the attached Table.

(2) Defendant B, even though being aware that he was a spouse of the above A, was the date, time, place, as described in paragraph (1) above, and the one-time sexual intercourse with A from that time to December 25, 201 in the same manner, each of the above 10 times in total, as described in the list of crimes in the separate sheet of crimes.

B. The court below held that there are D’s legal statement, D’s written statement and each written statement, Defendant A’s written statement and police interrogation protocol, and text messages and photographs stored in Defendant B handphone as evidence consistent with the facts charged. ① The above written statement and each written statement of Defendant A and each written protocol of the police interrogation protocol are inadmissible unless the Defendants denies all of their contents, and thus, they cannot be used as evidence for the above facts charged. ② The statement at D’s investigative agency and this court, and the text messages stored in Defendant B’s handphone.