Defendants shall be punished by imprisonment for four months.

However, from the date of the conclusion of the judgment, the defendants are above for one year.

Punishment of the crime

Defendant

A is a spouse who has completed a marriage report with E on March 3, 1987.

1. On November 23, 2008, Defendant A sent to the G not hotel accommodation located in the Jeju City F on November 23, 2008, with B and once sexual intercourse.

2. Defendant B, while being aware that he/she was a spouse A at the time and place specified in paragraph (1), had sexual intercourse with A once with Defendant B.

Summary of Evidence

1. Defendant A’s legal statement

1. Each investigation report dated April 21, 2010;

1. Application of Acts and subordinate statutes to accusation and family relation certificate;

1. Defendant A of the relevant Article of the Criminal Act concerning the crime: The first sentence of Article 241(1) of the Criminal Act: The latter part of Article 241(1) of the Criminal Act;

1. As to the Defendant’s assertion of Article 62(1) of the Criminal Code of the Suspension of Execution, the Defendant and the defense counsel asserted that ① the Defendant’s sexual intercourse with A was conducted in Daejeon on January 2, 2008 or around February 2, 2008, rather than the date and place indicated in the facts of the crime, and ② was unaware of his spouse at the time.

The defendant stated consistently that he had sexual intercourse with the defendant at the time, time, and place of criminal facts. As the defendant stated relatively specific and detailed as to the background leading up to coming to Jeju-do and the days in Jeju-do, the defendant does not seem to be confused with other days, and the defendant's statement is reliable, and the defendant's statement is known to be "I are married to the defendant," and only "A has "I are married to the defendant" as "I are married to the defendant" at a meeting on the Internet where the defendant was delivered to him and his child in the U.S. at a meeting or workplace, and there is no means to say that "I was married to the defendant" (A stated to the effect that the defendant was divorced to the police investigation procedure on March 22, 2010, but the statement was reversed as above from the prosecution examination procedure on April 14, 2010).

There is a gap between marriage and marriage.