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(영문) 수원지방법원 안양지원 2013.05.22 2012고단1513

간통

Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged

A. Defendant A is a person who has completed a marriage report with F on December 17, 2002.

On January 11, 2011 and February 25, 2011, the Defendant sent a sex of B and one time each from a room in the vicinity of the G hotel in Goyang-si. On January 15, 201, the Defendant sent a sex of B and one time each from a room in the vicinity of the H hotel in Goyang-si. < Amended by Presidential Decree No. 22600, Jan. 27, 201; Presidential Decree No. 22613, Feb. 9, 201>

B. Defendant B knew that the above spouse was a person who is a spouse, and even at the same time and place, the above Defendant had sexual intercourse with A more than five times, respectively.

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 the complaint of the spouse pursuant to Article 241(2) of the Criminal Act. According to the records, the complainant F can acknowledge the fact that the complainant revoked the complaint against the defendant A after the prosecution in the instant case. The revocation of the complaint against one of the accomplices is effective against the other accomplices (Article 233 of the Criminal Procedure Act). Since the facts charged in the instant case constitutes revocation of the complaint against the case for which the prosecution can be instituted only upon the complaint (Article 233 of the Criminal Procedure Act), the indictment in the instant case against the defendant is dismissed in accordance with Article 3