Main Issues

The crimes of adultery and application for divorce mediation

Summary of Judgment

If there is no evidence to support that there has been a request for divorce at the time of filing a request for divorce under Article 21(4) of the Family Trial Act, the complaint against adultery has no effect.

[Reference Provisions]

Article 229 of the Criminal Act

Defendant-Appellant

Defendant

Judgment of the lower court

The Army of the first instance, the Army of the second instance, the Army of the second instance, etc., and the High Military Port33 delivered on April 14, 1966

Text

The original judgment is reversed, and the case is remanded to the Army, High School, and Military Court.

Reasons

In light of the records, it is clear that Non-Indicted 1, the complainant of the main crime of this case, was removed from marriage or brought a divorce lawsuit with Non-Indicted 2, who is the defendant at the time of the complaint. However, it is obvious that the application for divorce mediation was filed with the Busan District Court, and there is no evidence to be recognized that there was a request for divorce mediation at the time of the application for divorce mediation by a request for a trial pursuant to Article 21(1) of the Family Trial Act, and the complaint against Non-Indicted 1's defendant against the defendant under Article 241 of the Criminal Act does not have effect pursuant to Article 265(1) of the Military Court Act, and the complaint against the crime of adultery 241 of the Criminal Act against Non-Indicted 1, the defendant cannot be discussed in accordance with Article 241(2) of the Criminal Act, and this case should have been dismissed by the assent of the first instance court's decision and remanded to the High Court's judgment, which affected the conclusion of the judgment.