However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

The Defendant is the victim C and the spouse who reported the marriage on December 12, 2011.

1. On October 13, 2012, around 23:00, the Defendant sent to the Jung-gu Incheon International Airport near the Jung-gu Incheon International Airport by comparing D with D one another at the incompetence.

2. On October 17, 2012, around 23:00, the Defendant sent to the subway entry area in Seongbuk-gu Seoul Metropolitan Government with a sexual intercourse with D one time with D at the mutual influence in the vicinity of the subway entry area in Seongbuk-gu.

3. On October 26, 2012, the Defendant sent to the subway telecommunication stations located in Eunpyeong-gu Seoul Metropolitan Government, with D and once sexual intercourses with D on October 26, 2012.

4. At around 17:00 on November 9, 2012, the Defendant sent D with a single sexual intercourse with D at the D’s house located in Seoul Special Metropolitan City, Nowon-gu, 3 Dong 801.

5. On November 16, 2012, around 23:00, the Defendant sent to Gmomoto in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, for a single sexual intercourse with D in 303.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Examination protocol of police suspect regarding D;

1. On September 22, 2012, 201, the Defendant asserted that there was a simple inter-section since the Defendant agreed to divorce with husband C on September 22, 2012, which was before the inter-section, and written a written agreement.

On the other hand, in a case where the parties to a marriage have no intention to continue the marriage and there is an obvious agreement between the intention to divorce, even if the marital relationship remains legally, the declaration of intention to end, which is the prior consent to the adultery, is contained in the agreement, is included in the agreement, but in the absence of such an obvious agreement, the intention of divorce is expressed by both parties on a provisional, temporary and conditional basis.

Even if it does not constitute a case of simple use, it is not a case of simple use.

(See Supreme Court Decision 2007Do4977 Decided November 27, 2008). According to the evidence above, the Defendant is often dissatisfied with C, which is suspected of his/her unlawful act, and the Defendant demands a divorce to C on September 22, 2012.