A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a spouse who has completed the marriage report around C and 1991.

1. At around 15:00 on January 3, 2009, the Defendant sent D and once sexual intercourse in the mutual incompetence room where Jongno-gu Seoul Jongno-ro 3 was located.

2. At around 15:00 on January 10, 2009, the Defendant had sexual intercoursed D with D at an influence in the vicinity of the Hayang-gu, Manyang-si.

3. At around 15:00 on January 15, 2009, the Defendant sent D with a single sexual intercourse at the influence near the Jindong-gu, Manyang-si.

4. Around 15:00 on January 16, 2009, the Defendant provided D with a single sexual intercourse at an influent telecom in Jongno-gu Seoul, Jongno-gu, Seoul.

Accordingly, the defendant was sent to D more than four times.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant's partial statement in the second protocol of trial;

1. C’s legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to C by the police;

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. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Determination as to the assertion by the defendant and the defense counsel under Article 62(1) of the Criminal Act (Article 62(1) of the suspended sentence (Article 62(1) of the Criminal Act (Article 62 of the Criminal Act does not separate the defendant

1. The alleged defendant and the defense counsel asserted that C used a liver since there was an express agreement between the defendant and the complainant around January 2008 on divorce.

2. Determination

A. In a case where the parties to a marriage have no intention to continue the marriage and there exists an agreement with the intention of divorce, even if the marital relationship remains legally, the declaration of intention corresponding to the end of the agreement, which is the prior consent to the adultery, shall be deemed to be included in the agreement. However, in the absence of such agreement, even if the intention of divorce is expressed by both parties on a provisional and temporary basis, it does not constitute the case of inter-livering use.