The judgment of the court below is reversed.

The prosecution of this case is dismissed.

1. The summary of the grounds for appeal (Defendant A) is too unreasonable that the punishment (one year of imprisonment with prison labor for six months and one year of suspended execution) of the original judgment is too unreasonable.

2. The judgment of the court below as to Defendant A’s ground of appeal is ex officio prior to the judgment on the ground of appeal, and the crime of adultery is a crime falling under Article 241(1) of the Criminal Act and can be prosecuted only when the spouse’s complaint is filed pursuant to Article 241(2) of the Criminal Act. In the case of adultery, no complaint may be filed unless marriage is annulled or a divorce lawsuit is instituted pursuant to Article 229 of the Criminal Procedure Act. If a divorce lawsuit is withdrawn, a suit of notification becomes void retroactively from the beginning. Meanwhile, even if a divorce lawsuit is withdrawn after the judgment of the court of first instance as to the case of adultery, the lawsuit of simple communication becomes void retroactively.

(Supreme Court Decision 75Do1449 Decided June 24, 1975). According to the records, D completed a marriage report with Defendant A on November 16, 2005. D, on September 3, 2012, filed a divorce lawsuit (Korean Government District Court 2012Dhap2543) against Defendant A on the ground that the Defendants passed a divorce lawsuit (Korean Government District Court 2012Dhap2543) and then filed a complaint with Defendant A on September 3, 2012. Since D may recognize the fact that the above divorce lawsuit was withdrawn on August 9, 2013, which was after the judgment of the court below was rendered, it constitutes a case where the procedure of prosecution was instituted without complaint in a crime subject to victim's complaint and violated the provisions of law, the court below dismissed the prosecution by judgment pursuant to Article 327 subparagraph 2 of the Criminal Procedure Act, and thus, the judgment below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant A's assertion of unfair sentencing, on the ground that the above ground of reversal ex officio is established.