Marrying a spouse with active soldiers and having a child, one person constitutes the crime of destroying the army, and one person constitutes a crime of a couple of marriage.

The defendant Sun and Xie Mou, a non -commissioned officer in Tibet in July 2015, and determined a relationship of love. He registered and got married in the Tibet Nyingchi Civil Affairs Bureau on May 9, 2016.After getting married, Sun returned to Pu’an County, hometown.In August 2016, Sun met Long Mou working in Pu’an County and Lai Pu’an. One month later, Sun and Long Mou identified a relationship.On December 4, 2017, after Sun Mou had a relationship with Xie’s husband and wife, he told Long to Longmou’s relationship with Xie Mou, and the two still obtained a marriage certificate in Sichuan Province, a wedding, and a child after marriage.When Long Mou learned that Xie’s soldiers’ identity and the relationship between the husband and wife had no remedy, they still married Sun and lived together until the incident.Still at the same time.

The court believes that the defendant Sun was married to the defendant Longmou during his marriage relationship with Xie Mou’s marriage relationship with the active service soldier.When a marriage and child have a child, their behavior has constituted the crime of destruction of the military marriage. They should be punished according to law. The judgment: The defendant Longmoufender was crime to destroy the military marriage and sentenced to eight months in prison.The defendant, Sun, was sentenced to seven months in prison.

Destroying the marriage of soldiers’ marriage will not only cause the breakdown of the marriage relationship and family discomfort of the soldiers of the soldiers, but also more seriously that it will affect the thought of the soldiers and be very harmful to consolidate the army and consolidate national defense.Therefore, national laws are specially protected to the marriage of active military soldiers, and seriously handle the behavior of destroying soldiers’ marriage.This type of crime should not be declared probation.

Article 259, paragraph 1 of the Criminal Law stipulates that knowing that it is a spouse of active soldiers living or married with them, it is imprisoned or detained for less than three years.In judicial practice, the "cohabitation" of "adultery" is the difficulty of identification.Such cases should pay attention to the boundaries and conversion of "adultery" and "cohabitation".If it is only occasional adultery, it cannot be identified as "cohabitation".However, if the adultery lasts for a long time, has continuity, stability, and high frequency, has close connections in economically and in life, and even cause serious consequences such as pregnancy, abortion, and fertility.To destroy the "cohabitation" in the military marriage.

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