A. Defendant A is a person who is a spouse who has completed a marriage report with C on May 20, 200.

On October 31, 2012, around 14:20 on October 31, 2012, the Defendant sent to B with a single sexual intercourse from Yeongdeungpo-gu Seoul Metropolitan Government D Hotel 605.

B. Defendant B was aware that the above spouse was a spouse, and the date and place mentioned in paragraph (1) was sexual intercourse with A once as above.

2. The facts charged in the instant case are crimes falling under Article 241(1) of the Criminal Act, which can be prosecuted only upon a criminal complaint filed by the spouse pursuant to Article 241(2) of the Criminal Act. According to the records, the complainant C may acknowledge the facts of revoking the criminal complaint filed against the defendant A on April 1, 2013, which is after the prosecution of the instant case. The revocation of the criminal complaint against one of the accomplices becomes effective against the other accomplices (Article 233 of the Criminal Procedure Act). Since the facts charged in the instant case constitutes revocation of the criminal complaint against the case which can be prosecuted only upon a criminal complaint, all of the prosecution of the instant case against the defendants under Article 327 subparag. 5 of the Criminal Procedure Act