Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Punishment of the crime

Defendant

A is a spouse who has completed a marriage report with D around March 25, 2000.

1. Defendant A, around 03:00 on October 14, 2012, the Defendant sent a cross-section with B from 306 to 1 time, Seo-gu, Daejeon, Seo-gu.

2. Defendant B knew that he was a spouse of the above A, and had sexual intercourse with A at the same time and place as above, as the above, at the same time and place as that of the above 1.

Summary of Evidence

1. Examination protocol of Defendant A by the prosecution;

1. Each police interrogation protocol of the defendant A and B;

1. Statement made to D by the police;

1. Complaint;

1. Requests for a gene appraisal;

1. Each request for appraisal, report on appraisal, and written request for appraisal;

1. Family relation certificate:

1. Application of Acts and subordinate statutes governing mobile phones;

1. Article applicable to criminal facts;

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

B. Defendant B: the latter part of Article 241 of the Criminal Act

1. Determination as to the defendants and their defense counsel's assertion of Article 62 (1) of the Criminal Act (in addition to the one-time fine, there are no special criminal records, and considering all the circumstances such as changes in social perception about the adultery)

1. Defendants’ assertion

A. Before committing the instant crime, there was an agreement between the Defendant A and the former spouse D with the intention of divorce corresponding to the end-of-the-day adultery, and thus, D’s complaint constitutes grounds for dismissing prosecution due to unlawful accusation.

B. The Defendants did not have a sexual relationship at the time and place of criminal facts.

2. Determination

A. In a case where the parties to the marriage have no intention to continue the marriage as to whether there was an intention to end up the marriage, and there exists an agreement with the intention of divorce, even if the marital relationship remains legally, an expression of intent corresponding to end-of-life, which is the prior consent of the adultery, shall be deemed as included in the agreement.

However, in the absence of such an agreement, even if the intention of divorce is expressed by both parties on a temporary basis, it falls under the case of simple use.