Text
Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.
, however, from the date this judgment becomes final.
Reasons
Punishment of the crime
1. Defendant A is a person who is a spouse who has completed a marriage report with D on September 23, 1971. A
On January 21, 2013, at around 20:40, the Defendant sent to a room where it is impossible to find out the Felel care room in Daegu Suwon-gu E, the Defendant sent to the room one time with sexual intercourse with B.
B. On January 28, 2013, between 19:00 to 20:00, the Defendant used the H heading room located in Daegu Dong-gu G to connect with B once, in a room where it is impossible to find out the H heading room located in Daegu Dong-gu G.
C. On February 12, 2013, around 18:54, the Defendant sent to a room where it is impossible to find out the Jmotour care room located in the Dong-gu, Daegu-si, Daegu-si, the Defendant sent to the Defendant one-time sexual intercourse with B.
2. Defendant B was aware that he was a spouse of the above A, and even at each time and place described in paragraph (1), he had sexual intercourses with A three times respectively.
Summary of Evidence
1. Defendant A’s legal statement
1. Each legal statement of a witness A and D;
1. Some statements in the suspect examination protocol of Defendant B by the prosecution
1. Complaint;
1. Marriage relation certificate and sources of proof for filing a lawsuit;
1. Recording records;
1. A criminal investigation report (attaching photographs and materials submitted by the complainant);
1. Investigation report (verification of the progress of litigation of divorce and consolation money);
1. Application of Acts and subordinate statutes to CDs (vehiclebox images);
1. Defendant A of the pertinent Article of the Criminal Act concerning the crime: The first sentence of Article 241(1) of the Criminal Act: The second sentence of Article 241(1) of the Criminal Act;
1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act
1. The Defendants in the suspension of execution: Article 62(1) of the Criminal Act (the confessions made by the Defendant A, the depth of the mistake is divided, and the Defendant B does not go against the denial of the instant crime, but there is no criminal record, etc.) provides that Defendant B and the defense counsel did not have sexual intercourse with the Defendant A; thus, the Defendant B and the defense counsel asserted that the Defendant B did not have sexual intercourse with the Defendant, and that, in other words, the following circumstances acknowledged by each evidence of the ruling are consistent with the fact that the Defendant A had sexual intercourse from the investigation agency to the instant court.