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(영문) 대법원 2013.08.23 2013도3022

간통

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court dismissed all of the public prosecution against the Defendants on the ground that the instant complaint in this case constitutes a case where Defendant A’s spouse used the adultery of Defendant A, and thus, the instant complaint in this case cannot be deemed a legitimate complaint against the crime of adultery, and accordingly, the instant public prosecution against the Defendants was instituted based on an unlawful complaint as above, and thus constitutes a case where the indictment procedure is invalid in violation of the statutory provisions.

In light of the relevant legal principles and records, the above determination by the court below is just and acceptable, and contrary to the allegations in the grounds of appeal, there were no errors of violating the rules of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or of misapprehending the legal principles on the use of adultery.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.