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Defendants shall be punished by imprisonment for four months.
However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.
Reasons
Punishment of the crime
1. Defendant A is a spouse who has completed a marriage report with G on May 2, 1994.
On July 14, 2013, around 04:35, the Defendant sent to B with a single sexual intercourse from the house located at H and the first floor of Bupyeong-gu, Incheon.
2. Defendant B knew that he was a spouse of the above A, the Defendant had sexual intercourse with A once, as prescribed in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Each police interrogation protocol against the Defendants
1. Application of Acts and subordinate statutes on family relation certificate;
1. Defendant A of the pertinent Article of the Criminal Act relating to the facts constituting the crime: Defendant B of the main sentence of Article 241(1) of the Criminal Act (the main sentence)
1. Defendants on probation: (a) the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the Defendants among the reasons for sentencing under the following subparagraph) are recognized and contradictory to their mistake; (b) Defendant A did not have any history of having been punished; and (c) Defendant B did not have any history of having been sentenced to the punishment heavier than the fine; (d) the developments leading up to the instant adultery; (b) the influence of the Defendants on home; (c) the attitude and attitude in the course of the investigation and trial after the crime; and (d) all the sentencing conditions, such as the age, character