The Defendants’ appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendants did not agree with each other on the date stated in the facts constituting a crime in the judgment of the court below.

B. In light of the legal principles, since D, the spouse of Defendant A, withdrawn a divorce lawsuit against Defendant A, there was a reason to dismiss the prosecution against the Defendants.

2. Determination

A. In light of the reasoning of the lower judgment’s conviction against the Defendants and the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the Defendants can be recognized as a simple fact by comparing with each other at the time and place stated in the lower judgment. Therefore, this part of the Defendants’ assertion is without merit.

B. Determination of the misapprehension of legal principles as to the assertion of legal principles regarding the crime of adultery which may be discussed only upon the complaint of the spouse under Article 241(2) of the Criminal Act provides that “no complaint may be filed unless the marriage is annulled or divorce lawsuit is instituted,” Article 229(1) of the Criminal Procedure Act provides that the non-existence of a matrimonial relationship or the continuation of a divorce lawsuit shall be a valid condition for notification. Such condition shall be maintained from the time of prosecution to the time of conclusion of trial (see Supreme Court Decision 2009Do7681, Dec. 10, 2009). According to the records, D, the husband of Defendant A, filed on October 23, 2012 by the Defendant A, filed a counterclaim against the principal lawsuit of divorce on which the Defendant A filed on February 5, 2013, and subsequent D, D, which was lawfully dismissed on the ground that the withdrawal of the counterclaim by the Defendant A had no effect on the grounds of the withdrawal of the counterclaim by the first instance court.