2. Determination

A. In full view of the evidence duly admitted and examined by the court below, the following facts can be recognized.

(1) On July 16, 2012, Defendant A and the complainant agreed to divorce, and signed and sealed a document stating “Agreement on Divorce, Division of Property, etc.”, and received an application for confirmation of intention of divorce with the Seoul Northern District Court on the same day.

(2) The Seoul Northern District Court (Seoul Northern District Court) designated and notified each of the date of confirmation of intention of divorce (2012No. 2986) on August 23, 2012 and the 24th day of the same month to Defendant A and the complainant, taking into account the period of confirmation of intention of divorce.

(3) The Defendants were sexual intercourses on August 13, 2012 during the aforesaid deliberation period, and the complainant filed a complaint against the Defendants on the same day.

2. (1) The facts charged in the instant case against the Defendants are crimes falling under Article 241(1) of the Criminal Act, which fall under Article 241(2) of the Criminal Act and can be prosecuted only upon the complaint of the spouse under Article 241(2) of the same Act. If the spouse emblings or pardons

In a case where the parties to a marriage have no longer intent to continue a matrimonial relationship and the parties agree with the intention to divorce, even if the marital relationship remains legally, an expression of intent equivalent to the end-of-life, which is the prior consent to the adultery, shall be deemed as included in the agreement (see, e.g., Supreme Court Decision 2000Do868, Jul. 7, 2000). However, even if the parties submitted an application for confirmation of intention to divorce, it is difficult to deem that the parties to the marriage had the agreement to divorce where the parties voluntarily withdrawn the application during the period prior to

(2) On July 16, 2012, the complainant used the adultery of Defendant A, and the complainant confirmed the divorce prior to the passage of the Defendants. (See Supreme Court Decision 2008Do984, Jul. 9, 2009). (2) Since there was an agreement between Defendant A and the complainant on July 16, 2012 between Defendant A and the complainant.