beta
(영문) 대구지방법원 2014.03.13 2013고단6586

간통

Text

All of the public prosecutions of this case are dismissed.

Reasons

1. Facts charged;

A. Defendant A is a spouse who has completed a marriage report with C on May 11, 1999.

On September 20, 2013, around 15:30 on September 20, 2013, the Defendant sent to the Ecomhere from 510 to B once, in Daegu Northern-gu D.

B. Defendant B knew that he was a spouse, and even at the same time and place as above, the Defendant had sexual intercourse with A once.

2. Each of the facts charged of this case is a crime falling under Article 241 (1) of the Criminal Act, which can be prosecuted only when the spouse's complaint is filed pursuant to Article 241 (2) of the Criminal Act. According to the records, the complainant C may recognize the fact that the complainant revoked the complaint against the defendant B on March 12, 2014, which is after the prosecution of this case. The revocation of the complaint against the defendant C shall have the effect of revocation of the complaint against the defendant who is an accomplice pursuant to Article 233 of the Criminal Procedure Act (Article 233 of the Criminal Procedure Act). Thus, each of the facts charged of this case against the defendants pursuant to Article 327 (5) of the Criminal Procedure Act shall be dismissed.