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(영문) 대전지방법원 천안지원 2013.12.10 2013고단1152

간통

Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. Summary of the facts charged

A. At around 00:00 on June 6, 2013, Defendant A, a spouse, the marriage report of which was completed with C on April 21, 2009, was sent to B and once sexual intercourses with B from an instigious room located in “Eel” located in “Eel” located in “Eel” in “Eel” in Hanju-si, and 2) around 23:00 on June 7, 2013, Defendant A was sent to B from the house of 10, 306, Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on 23:0 on June 7, 2013.

B. Defendant B is aware that the above A is a spouse.

At each date, time, and place described in the paragraph above, as described above, A and a total of two times were exchanged 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 a criminal complaint filed by the spouse under Article 241(2) of the Criminal Act. According to the records, it is recognized that C, the complainant, filed a written withdrawal of a criminal complaint with the court on November 22, 2013. Thus, the facts charged constitute a case where a criminal complaint can be instituted only upon the filing of a criminal complaint.

3. Accordingly, according to the conclusion, all of the public prosecutions against the Defendants are dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act. It is so decided as per Disposition.