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(영문) 대전지방법원 홍성지원 2014.03.28 2014고단88

간통

Text

All prosecutions against the Defendants are dismissed.

Reasons

1. Summary of the facts charged

A. Around 1988, Defendant A was a spouse who has completed a marriage report with C, and the Defendant was sent to B from 303 EMoel located in Chungcheongnam-nam, around October 10, 2013 to 198.40.

B. Defendant B was aware that Defendant A was a spouse, and the same date, time, and place as mentioned in the preceding paragraph were sexual intercourses with the above A once, and had been sexual intercourses.

2. The crime indicated in the facts charged is a crime falling under Article 241(1) of the Criminal Act and can be prosecuted only upon a criminal complaint filed by the spouse pursuant to the main sentence of Article 241(2). Since it is apparent in the record that C, the complainant, revoked the criminal complaint against the Defendants on March 27, 2014, which is the date of the instant indictment, the prosecution against the Defendants is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.