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Defendants shall be punished by imprisonment for six months.
However, from the date of the conclusion of the judgment, the Defendants are above for one year each.
Reasons
Punishment of the crime
1. Defendant A is a person who has been married with C on April 15, 1986.
On February 16, 2013, the Defendant sent to the 2nd floor near the Seoul Western-gu D market, Seodaemun-gu, Seoul, with sexual intercourse with B once.
From that time to November 15, 2013, the Defendant met 11 times in total, as shown in the list of crimes in attached Form.
2. Defendant B, despite being aware of the fact that he/she is a spouse of A, provided that he/she had sexual intercourses with A over 11 times from February 16, 2013 to November 15, 2013, respectively, as described in the list of crimes in the attached Table.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement to C by the police;
1. A complaint;
1. Application of Acts and subordinate statutes on marriage relation certificates
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 242(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. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1488, Apr