Defendants shall be punished by imprisonment for six months.

except that the execution of each of the above penalties shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Defendant A is a spouse who has completed a marriage report with E on October 14, 1988.

At around 05:00 on April 21, 2013, the Defendant sent the “GMoel” from 204 to 204 “GMour”, which was located in Sincho-si F.

2. Defendant B was aware that the above spouse was a person who was a spouse, and the same date, time, and place as described in paragraph (1) was sexual intercourse with A once as mentioned above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness E;

1. Marriage relation certificate:

1. Application of the photographic Acts and subordinate statutes;

1. Article applicable to criminal facts;

A. Defendant A: the first sentence of Article 241(1) of the Criminal Act

B. Defendant B: the latter part of Article 241(1) of the Criminal Act

1. The Defendants and the defense counsel’s assertion on the Defendants and the defense counsel under Article 62(1) of the Criminal Act of the suspended execution asserts that since the Defendants and the complainants agreed to divorce prior to the crime of this case, the complainants should be deemed to have expressed their intent corresponding to the use of life, which is the prior consent.

If the parties to a marriage do not intend to continue a matrimonial relationship and the parties agree 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 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 provisional or temporary basis, it does not fall under the case of adultery (see, e.g., Supreme Court Decision 2007Do4977, Nov. 27, 2008). According to the records, Defendant A and the complainant continued to withdraw from the complainant on the ground of assault by the complainant on or around June 2010, and continued to separate the complainant. After that, Defendant A and the complainant obtained confirmation of the intention of divorce from the court on October 29, 2010, Defendant A and the complainant obtained confirmation of the intention of divorce from the court on March 3, 2013.

I, J, too.