The judgment of the court below is reversed.

Defendant

B shall be punished by a fine of KRW 1,000,000.

Defendant

B The above fine shall not be paid.

1. The summary of the grounds for appeal is unreasonable because each punishment (one year of suspended sentence for six months of imprisonment) imposed by the court below on the Defendants is too unreasonable.

(2) On February 26, 2015, the ex officio decision of the Constitutional Court rendered a decision of unconstitutionality as to Article 241 of the Criminal Act, which is the applicable provisions of the crime of adultery, among the facts charged in the instant case, in the case where: (a) on February 26, 2015, the Constitutional Court rendered a decision of unconstitutionality as to Article 241 of the Criminal Act.

In a case where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the pertinent provision constitutes a crime (see, e.g., Supreme Court Decision 2001Do3495, Mar. 10, 2005). As such, the lower court that found the Defendant guilty of this part of the facts charged by applying Article 241 of the Criminal Act was no longer maintained.

3. Accordingly, the part of the judgment of the court below regarding the crime of adultery shall be reversed on the ground of ex officio reversal (the original judgment shall be reversed in its entirety as long as the defendant B's crime is deemed to be concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be reversed in its entirety). The judgment of the court below ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the argument of unfair sentencing of the defendant B shall be reversed and it shall

On May 24, 2012, Defendant B entered the Government-si G Apartment 512 dong 1604, and intruded upon the F’s residence, a legal spouse of A, for the purpose of common communication at the house of the Government-si G Apartment 512 dong 1604.

Summary of Evidence

1. Each statement of the defendant and co-defendant A in the trial records of the court below Nos. 3 and 4 of the court below

1. Statement of witness F in the second trial records of the court below;

1. Application of the Acts and subordinate statutes on the complaint filed by the F;

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

2. Detention in a workhouse;