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Defendants shall be punished by imprisonment for six 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 M on September 20, 2005. A
On May 2010, the Defendant sent a 101st head office “Obudio”, which is a residence of B located in Gwangju Northern-gu, Gwangju Northern-gu, with B and once.
B. On December 17, 2011, the Defendant sent to B and once sexual intercourse at the inner restaurant of “ Qu” restaurant operated by the Defendant in Gwangju Northern-gu P.
In this respect, the defendant was sent to the above B twice.
2. Defendant B knew that the above spouse was a spouse, and even at the same time and place as above, the above Defendant had sexual intercourses with A over two occasions, respectively.
Summary of Evidence
1. Defendants’ respective legal statements
1. Legal statement of the witness M;
1. Each legal statement of a witness A and B;
1. Three copies of the photograph;
1. A copy of the judgment of the Gwangju Family Court (2012Gudan960, etc.);
1. Copies of the judgment of the Chuncheon District Court (2011rd 2705, 2012rd 546); and
1. Recording notes and the details of letters (the No. 17, 18 of the evidence list);
1. Application of Acts and subordinate statutes on a copy of confirmation;
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; and
1. The defendants on probation: Judgment on the issues of Article 62(1) of the Criminal Code
1. Defendant A and his defense counsel’s assertion asserted that Defendant A did not have any cross-competence with the upper Defendant B, and Defendant A merely had raped from B around May 2010, and Defendant A, in the case of the criminal facts set forth in the judgment, should not be dismissed due to the lack of the complainant’s complaint.
First of all, with respect to whether the facts recorded in the facts of the crime in the judgment of the defendant A were shared, the date, time, and place as shown in the facts of the crime in the judgment of the defendant Eul were recognized by the investigative agency, and the facts of sexual intercourse with the defendant A are recognized by the investigation agency, and the defendant A around May 2010, with his children as economic problems, from the Gyeongjin-gun, Gwangju Northern-gu R.