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Defendants shall be punished by imprisonment for ten months.
However, as to 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 is a spouse who has completed a marriage report with C on October 25, 2000.
At around 11:15 on April 22, 2009, the Defendant had a sexual intercourse with B in the Dongjak-gu Seoul Metropolitan Government Del E.
2. Defendant B was aware that he was a spouse of the above A, and had sexual intercourse with A at the same time and place as above.
Summary of Evidence
1. Each legal statement of witness F, G, H and I;
1. Protocol concerning the examination of suspect by some prosecutors against the Defendants
1. Protocol of prosecutorial statement concerning C and protocol of police statement;
1. A complaint, certificate of receipt of divorce lawsuit, and investigation report (attached to marriage relation certificate);
1. Application of each statute of appraisal;
1. Article 241 (1) of the Criminal Act concerning the facts constituting an offense;
1. It is so decided as per Disposition on the grounds of Article 62 (1) of the Criminal Act or more;