All appeals filed by the prosecutor against the Defendants are dismissed.

1. The sentence of the lower court (two months of imprisonment and two years of suspended execution) to the gist of the grounds for appeal is deemed to be too unhued and unfair.

2. It is clear in light of the empirical rule that, due to the Defendants’ act, the assumed of the complainant is broken down and the complainant suffers from mental suffering.

However, Defendant A and the complainant have already been divorced, and there is no particular criminal record against the Defendants, the Defendants reflects their mistakes in depth, and the social discussion on the unconstitutionality of the adultery has been continued. In light of all the circumstances leading to the instant crime, including the Defendants’ age, character and conduct, method of crime, and circumstances after the crime, etc., the sentence of the lower court’s sentence against the Defendants is unreasonable.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

However, in accordance with Article 25(1) of the Rules on Criminal Procedure, Article 25(1) of the Criminal Procedure Act provides that “Article 241(1) of the Criminal Act shall apply to the Defendants of the relevant criminal facts on January 1, 200”

A. Defendant A: the first sentence of Article 241(1) of the Criminal Act

B. Defendant B: The alteration to the latter part of Article 241(1) of the Criminal Code is corrected.

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