Defendants shall be punished by imprisonment for one year.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Punishment of the crime

Defendant

A is a spouse who has completed a marriage report with E on December 22, 1990, and Defendant B is an elementary school students.

1. On December 2010, Defendant A, at the house located in Yangcheon-gu Seoul Metropolitan Government F apartment 104 Dong 810, 2010, was sent to the Defendant with a single sexual intercourse with B.

2. Defendant B, despite being aware that he was a spouse, had sexual intercourse with A at the same time and time as that of the above paragraph (1).

Summary of Evidence

1. Each statement of witness E, G and H in the second trial records;

1. Each prosecutor's protocol of interrogation of each of the defendants' statements against the defendants

1. Each prosecutor's statement concerning G and H;

1. Statement to E by the police;

1. The police investigation report (report on the dispatch of the inter-party case) [The defendant A acknowledged the confession during the first interrogation of the suspect, and made a statement different from the fact that the police knew that the confession was made with E who is a legal spouse and wanted to divorce, and recognized the fact that it would be automatically divorced, and thus, G and H's testimony is inadmissible as evidence. However, it is not easy in light of the empirical rule to believe that the confession of inter-party-party-party-party-party-states in the light of the defendant's educational background, career, etc., it cannot be easily accepted in light of the empirical rule that the confession would be made automatically if the confession was made (the defendant A himself/herself has also reversed his/her confession after being examined by the police after being subject to criminal punishment even after being examined by the police, and thus, it is necessary to divorce after being subject to criminal punishment, and the divorce was made in the civil case, and it is also recognized that the divorce would not be subject to divorce at the time of the initial investigation of the police.

(2) the complainant;