The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence of the court below (eight months of imprisonment) is too unreasonable.

2. It is recognized that the defendant, who is the wife of the family-friendly E, committed a gap with the co-defendant A of the court below, and due to this, E suffers a considerable mental impulse and pain, E's family has broken off due to the crime of this case, and E wishes to be punished by the defendant.

However, in full view of the various circumstances, including the fact that the defendant led to the confession of the crime of this case, the defendant deposited KRW 2 million in order to compensate for the damage of E at the court below, the fact that the defendant additionally deposited KRW 6 million in the court below, the fact that there is no criminal record exceeding the fine, the fact that the court below rendered a suspended sentence and the judgment became final and conclusive, and the social discussion on the unconstitutionality of the crime of adultery has been continued, as well as the age, character and conduct, environment, family relationship, motive or circumstance of the crime, and the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

3. Accordingly, the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on its reasoning.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and the latter part of Article 241 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances in determining the grounds for appeal above);

1. Social service order under Article 62-2 of the Criminal Act;