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Defendants shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes 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, 1989. A
At around 21:00 on June 20, 2012, the Defendant sent to a room where it is impossible to find out the care room of the EM located in Busan Northern-gu D with B one another.
B. On June 28, 2012, around 21:00, the Defendant sent to a room where it is impossible to know the head of the above Eel. B with one sexual intercourse.
2. On April 26, 2013, Defendant B was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Tax Evaders Act by this court, and the said judgment became final and conclusive around that time.
The Defendant knew that he was a spouse of the above A, and even at each time, at each place specified in paragraph (1) as described above, had sexual intercourses with A twice.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement against the Defendants
1. C police statement;
1. Previouss before ruling: Application of criminal records, reply reports, and Acts and subordinate statutes;
1. Defendant A of the pertinent Article of the Criminal Act relating to the facts constituting a crime: The first sentence of Article 241(1) of the Criminal Act and the first sentence of Article 241(1) of the Criminal Act; and
1. Defendant B who handles concurrent crimes: The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act of the suspended execution;