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(영문) 서울동부지방법원 2013.12.24 2013고단2897

간통

Text

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

Reasons

1. Summary of each of the facts charged in this case

A. Defendant A is a person who is a spouse who has completed a marriage report with C on March 23, 2004.

On April 22, 2013, around 22:30, the Defendant, who was parked in the aggregate of Eins located in Seongdong-gu Seoul, Seongdong-gu, Seoul, with B and once sexual intercourse within the Fusna vehicle owned by B.

From that time to July 18:00 on July 4, 2013, the Defendant conspiredd with B over 13 times in total as shown in the list of crimes in the attached Table.

B. While being aware that the Defendant was a spouse of the above Defendant B, the Defendant was her spouse, on April 2013, to July 4, 2013, the date and time indicated in the attached crime sight table, and at each place, and on the same time and place as above, sexual intercourses with A over 13 times in total.

2. We examine the judgment. As to each of the facts charged in this case, the prosecution of this case is a crime falling under Article 241 (1) of the Criminal Code, which falls under Article 241 (2) of the Criminal Code and can be prosecuted only upon the complaint of the spouse of the adultery. According to the records of this case, since the spouse of the defendant A, who is the complainant, can recognize the fact that all of the complaint against the defendants is revoked after the indictment of this case is instituted. Thus, the prosecution of this case against the defendants is dismissed in accordance with Article 327 (5) of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.