A. The judgment of the court below which found the Defendant guilty of the facts charged in this case, despite the fact that the Defendant had existed in the Moel B at the time of this case, but did not have sexual intercourse, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. In light of the legal principles and the purport that the spouse E consents to divorce in a divorce lawsuit filed by the Defendant around the time of the instant facts charged, and thus, E expressed his intention of use, which is the prior consent of the Defendant to the instant adultery, and thus, E’s complaint is inappropriate, and thus, the judgment of the court below convicts the Defendant, in violation of the law and subordinate statutes, is erroneous.

C. Even if the Defendant was guilty of an unreasonable sentencing decision, the sentence of imprisonment (two months of imprisonment and two years of suspended execution) by the lower court against the Defendant is too unreasonable.

2. Determination

A. In the case of a crime of adultery, the contents of which are the statements of mistake of facts between men and women, it is difficult to expect the existence of a direct physical evidence or witness because the act is conducted under the circumstances that make it difficult for the parties to know in secret or outside, so it is difficult to expect the existence of a witness. Thus, in the case of a crime of adultery, it is deemed that there is a comprehensive probative value of the crime in light of all the indirect evidence about the circumstances before and after

(see, e.g., Supreme Court Decision 2007Do4977, Nov. 27, 2008) comprehensively based on the evidence duly adopted and examined by the court below, i.e., the following circumstances acknowledged by the court below, i., ① the spouse E, an agent of the complainant, was committed against the defendant. On the day of the instant case, the defendant and B entered into Gel F in Daegu Southern-gu, and reported to the police, and entered into the above measures with the police officer at around 1:30 on the same day.