간통
Defendants shall be punished by imprisonment for ten months.
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 person who is the spouse of Non-Indicted Party G and his spouse who has completed the marriage report on June 17, 1991.
1. On March 24, 2007, Defendant A, as described in the list of crimes in attached Table 14 times from the time from February 21, 2009, cross-consected with Defendant A with Defendant B with Defendant B one time sexual intercourse from Defendant A located in the Busan Dong-gu, Busan, Busan, with Defendant B on March 24, 2007;
2. The above facts are known that the above defendant A is a spouse of the above defendant, and the above time and at the above place the above defendant A had sexual intercourse with the above defendant A 14 times, respectively.
Summary of Evidence
1. Defendants’ respective legal statements
1. The police statement concerning G;
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 241 (1) of the Criminal Act concerning the facts constituting an offense;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The defense counsel in the judgment on the defense counsel in the defendant B of Article 62 (1) of the Criminal Code of the suspended execution provides that Article 229 (1) of the Criminal Procedure Act provides that "no complaint shall be filed unless the marriage is annulled or a divorce lawsuit is instituted," with respect to the crime of adultery, the absence of a marital relationship or the continuation of a divorce lawsuit shall be a valid condition for notification. Such conditions shall be met from the time of prosecution to the time of the conclusion of trial. In this case, G and the defendant A live together and continue a peaceful marital life even after the divorce lawsuit has become final and conclusive. As such, even if the marriage relationship becomes final and conclusive and the marriage relationship is completed formally, the marriage relationship still remains in effect.
As such, this does not satisfy the requirements of “proceding marriage” under Article 229(1) of the Criminal Procedure Act, the prosecution of this case is deemed null and void in violation of the provisions of law, and thus, the prosecution of this case must be dismissed.
However, the foregoing.