All of the appeals by prosecutors are dismissed.

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) D was under the state of assault and intimidation of Defendant A, and therefore, it was inevitable to have submitted to the court an application for confirmation of divorce by accompanying Defendant A on April 28, 2011. If Defendant A was aware of the occurrence of Defendant B, Defendant B would be a new son between Defendant D and the Defendant, and Defendant A would continue the marriage with Defendant A by withdrawing an application for divorce to the extent that G would be able to live without the parents’ love, and it was merely due to the failure to know the existence of Defendant B.

In addition, the determination of whether there was an expression of intention in the crime of adultery should not be based on the time when the application for confirmation of intention of divorce was submitted, and it should be deemed that the agreement reached the end only when the agreement of intention of divorce is reached on the date of confirmation of intention of divorce.

Therefore, the judgment of the court below that D and Defendant A submitted an application for confirmation of the intention of divorce on April 201, 201, deeming that there was no intention to continue the marriage and there was an actual intention of divorce, and that there was a declaration of intention to end up with D as to the adultery.

2. Where the judgment party has no intention to continue the marriage and there is an obvious agreement between the intention of divorce, the marriage relationship remains legally.

Even if the other party's expression of intent to agree in advance on the passage of the other party is deemed to be included in the agreement, and whether there was an obvious agreement on divorce will or not, it is recognized that both parties to the marriage did not intend to maintain the matrimonial relationship any more due to the various circumstances, such as the parties' speech and behavior, as well as written agreement in writing.