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(영문) 대구지방법원 2014.04.16 2013고단6782

간통

Text

Each of the instant public prosecution against the Defendants is dismissed.

Reasons

1. Facts charged;

A. Defendant A is a person who is a spouse who has completed a marriage report with F on December 22, 2000.

On February 1, 2013, the Defendant, from the time to July 25, 2013, had sexual intercourse with B with B one time in Daegu City, and had sexual intercourse with B over 45 times from July 25, 2013, as stated in the list of crimes in the annexed sheet of crimes.

B. Defendant B, even though being aware that the above spouse A was a person who was a spouse, had sexual intercourse with A over 45 times as described in the above paragraph (a).

2. The facts charged in the instant case are crimes falling under Article 241(1) of the Criminal Act and can be prosecuted only when the spouse files a complaint pursuant to Article 241(2) of the same Act. According to the records, the F, the spouse of the Defendant A, has cancelled all the complaints against the Defendants on April 7, 2014, which was after the prosecution of the instant case, and thus, the prosecution against the Defendants is dismissed pursuant to Article 327(5) of the Criminal Procedure Act.