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(영문) 수원지방법원 2015.02.11 2014고단4128

간통

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Each public prosecution against the Defendants is dismissed.

Reasons

Defendant B is a person who is married with D on December 30, 200 and is a spouse.

1. Defendant A, at around 19:40 on July 27, 2014, knew of the existence of the above spouse B’s spouse in Suwon-si EFel 209, Defendant A had sexual intercourse with the above B once, despite having been aware of the existence of the said spouse.

2. Defendant B, at the above date and place, had a sexual intercourse with the above A once.

However, each of the above charges against the Defendants is a crime falling under Article 241 (1) of the Criminal Code, which can be prosecuted only upon the complaint of the spouse under Article 241 (2) of the Criminal Code.

According to the records of this case, the defendant Eul, the spouse of the defendant Eul, can be recognized as the fact that the defendant Eul, who is the defendant Eul, has revoked all the complaint against the defendants after the prosecution of this case. Thus, all prosecutions against the defendants are dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act. It