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Defendants shall be punished by imprisonment for six months.
However, each of the above penalties shall be executed for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. Defendant A is a spouse who has completed the marriage report with C on May 1, 2009.
At around 22:30 on September 3, 2013, the Defendant sent to the EMoel 203 located in D in Gwangjin-gu Seoul Special Metropolitan City, one time of sexual intercourse with B.
2. Defendant B knew that he was a spouse of the above A, and had sexual intercourse with A at the time, place, and one time, respectively.
Summary of Evidence
1. Defendants’ respective legal statements
1. Application of Acts and subordinate statutes of police statement protocol to C
1. Article 241 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act for the suspension of execution (i.e., the confession and reflect, the first offender or the absence of a previous criminal record);