A. Defendant B, while being a spouse who had completed a marriage report with D on November 2, 2003, was sent to Defendant B with A one-time sexual intercourse at a Maurel where the trade name in Gangnam-gu Seoul is unknown at around 03:00 on December 3, 2011.

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

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 under Article 241(2) of the Criminal Act. According to the records, it is acknowledged that D, after the prosecution of the instant case, revoked a criminal complaint filed against Defendant B on April 5, 2013, and revocation of a criminal complaint filed against one of the accomplices is also effective against other accomplices (Article 233 of the Criminal Procedure Act). Thus, the facts charged in the instant case constitutes revocation of a criminal complaint in relation to a case which can be prosecuted only upon the filing of a criminal complaint.

Therefore, all of the public prosecutions against the Defendants are dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.