Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for six months.

However, this judgment is delivered against Defendant B.

Punishment of the crime

[2012 Highest 1302]

1. Defendant A is a person who is a spouse who has completed a marriage report with E on December 31, 2009. A

On April 14, 2011, around 01:00, the Defendant sent to the Defendant with B one-time sexual intercourse from the Defendant’s dwelling room F 302, Jincheon-gun, Chungcheongnam-do.

B. On April 23, 2011, around 23:00, the Defendant sent to the dwelling space of the Defendant FF 302, with B and once sexual intercourse.

2. Defendant B, despite being aware of the fact that he is a spouse of the above A, argued that Defendant B had been raped twice over the two occasions with each other, as described in paragraph (1). However, in light of the content of Defendant B’s conversations with the wife of E (A), the above sexual intercourse is relatively detailed (see, e.g., Article 38-41 of the investigation records of inter-Korean case). Defendant B sent text messages to Defendant B on April 14, 201, immediately after the first sexual relationship, around 02:28, 2011 (see, e.g., Disposition No. 1314, Apr. 24, 2011); Defendant B sent text messages to Defendant B on or after the second sexual relationship (see, e.g., Disposition No. 1185, Apr. 24, 2011).

On July 25, 2011, Defendant B issued a written complaint with respect to A using a computer, using an unclaimed person’s name, at an unclaimed place at the end of the end of the same month, and had him/her deliver the written complaint to the Jincheon-gun, Jincheon-gun, Jincheon-gun, and continued to make a supplementary statement on the above written complaint at the investigation department of the police station on the 26th of the same month.

The summary of the complaint and the statement are as follows: A on April 14, 201, the defendant (A) was at the house of Jincheon-gun, Jincheon-gun, Jincheon-gun, 303.