Defendants shall be punished by imprisonment for eight months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Punishment of the crime

1. Defendant A is a person who, around January 23, 1998, has a spouse who completed a marriage report with F and F around January 23, 1998.

At around 22:40 on August 2, 2011, the Defendant had a common link with the Yansan-gu G Apartment 104 Dong 802, Dong-gu, 201.

2. Defendant B knew that he was a spouse of the above A, the date, time, and place described in paragraph (1). As seen above, Defendant B had sexual intercourse with A once.

Summary of Evidence

1. Legal statement of witness F;

1. Each prosecutor's protocol of interrogation of each prosecutor's suspect against the Defendants

1. A written statement, investigation report (in relation to the attachment of evidentiary materials, such as summary of the situation of the correspondence case, on-site photographs, recording records, etc., including accompanying materials), USB, CDs, investigation report (in the course of a divorce lawsuit between A and an complainant) by the accused;

1. Application of the written complaint, records of seizure, and list statutes;

1. Defendants of relevant legal provisions concerning criminal facts: Article 241(1) of the Criminal Act

1. As to the defendants under suspended sentence: Determination of the defendants and their defense counsel's arguments under Article 62 (1) of the Criminal Act (hereinafter "the grounds for sentencing").

1. The summary of the Defendants’ assertion did not have sexual intercourse as stated in the facts charged. Moreover, there was a common tolerance for the Defendants, in agreement with the intention of divorce, such as where the complainant promised to divorce to the Defendant A and transferred property, etc.

In addition, Defendant B was aware that Defendant A was divorced from the complainant, and there was no intention on the adultery.

2. Determination

A. Whether sexual intercourse is recognized (1) In the case of the crime of adultery, the act is conducted under the ordinary party’s secret or under the circumstances in which it is difficult to identify outside, and thus it is difficult to expect a direct physical evidence or the existence of a witness.

Therefore, if the facts of the crime are found to be proved by taking comprehensive account of all indirect evidence about the situation before and after the crime, it should be recognized as criminal facts.

Supreme Court Decision 208 November 27, 2008