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(영문) 대구지방법원 2013.06.12 2013고단2863

간통

Text

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

Reasons

1. Facts charged;

A. Defendant A is a spouse who has completed a marriage report with D on September 21, 1987.

On March 2, 2013, around 11:00, the Defendant sent to the Emburgian Emburgian Emburgian from 506 to B once.

B. Defendant B was aware that he was a spouse of A at the above date, time, and place, and had sexual intercourse with A once as above.

2. The facts charged of this case are crimes falling under Article 241 (1) of the Criminal Code, which are those falling under Article 241 (2) of the Criminal Code and can be prosecuted only when the spouse's complaint is filed pursuant to Article 241 (2) of the same Code. According to the statement in the letter of revocation of complaint in the execution of D which is bound in the records of public trial, the complainant may recognize the fact that the complainant revoked the complaint against the defendant B on May 22, 2013, which is one of the accomplices after the prosecution of this case. The revocation of complaint against the one of the accomplices is effective against the other accomplices. Since the facts charged in this case constitutes revocation of complaint with respect to the case for which a public prosecution may be instituted only when the complaint is filed