The KCC has decided the criminal punishment of the adultery to be constitutional. In this paper, I maintain that the decision was wrong assuming that I agree on the KCC's majority opinion that the act infringes the right of others.The majority opinion held supplementary condition for such an act to be punished: if acts like the adultery may be criminally punished, there should be people's support that such an act be punished.How strong should people's support be for the adultery to be legally prohibited? The Court told that people regarded the adultery as the act that infringes the rights of others. Such an answer is clearly false. Right answers are for example; almost all people argues for the criminal punishment of adultery, people overwhelmingly hate such an act.In logical sequence, the Court first held the adultery to infringe the rights of others. Then it told that people's support is needed for the punishment of such an act like adultery. The additional requirement for punishment plays the role to curtail the state intervention as a matter of fact. However the Court made a blunt mistake, and could not give proper consideration to the requirement.