Text
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
except that for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Defendant A
A. The Defendant is a spouse who has completed the marriage report with C on February 9, 2002.
(1) Around April 2010, the Defendant sent to B from the house located in Bupyeong-gu Incheon Metropolitan City Bupyeong-gu D one time with sexual intercourse.
(2) Around September 2012, the Defendant had a sexual intercourse with B and one time at the same place.
B. The Defendant was pregnant due to the sex relationship with the above B, and was born by having a doctor G at the F Hospital located in Gyeyang-gu Incheon, Incheon, to discharge approximately five to six weeks of the fetus out of the Defendant’s body through an artificial abortion abortion operation on September 26, 2010.
2. Defendant B knew that the above Defendant was a spouse of the above A, and had sexual intercourses with A twice at the time, time, and place of the above A, respectively.
Summary of Evidence
1. Defendants’ legal statement
1. Prosecutorial suspect interrogation protocol against the Defendants
1. Statement to C by the police;
1. The application of Acts and subordinate statutes, written complaint and opinion;
1. Defendant A of the pertinent Article of the Criminal Act relating to the facts constituting an offense: the first sentence of Article 241(1) of the Criminal Act, and Article 269(1) of the Criminal Act (Optional to Imprisonment): The latter part of Article 241(1) of the Criminal Act (a point between the parties);
1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and
1. Defendants on probation: Article 62(1) of the Criminal Act