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(영문) 수원지방법원 안양지원 2013.05.15 2013고단390

간통

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person who has been married with C on October 26, 2009.

On April 2012 to May 1, 2012, the Defendant sent D and once sexual intercourse within a vehicle parked in a Buddhist place.

B. On May 30, 2012, around 21:00 to 23:00, the Defendant sent the same sexual intercourse with D at the trade name in Yangyang-gun, Gyeonggi-do.

C. On June 12, 2012, around 21:00 and around 23:00, the Defendant provided the foregoing D and once sexual intercourse at the mutual influent telecom in the Gangseo-gu Seoul Metropolitan Government Gangseodongdong.

Accordingly, the defendant was sent to D and each other over three times.

2. The judgment is an offense falling under Article 241(1) of the Criminal Act, which can be prosecuted only when the spouse files a complaint under Article 241(2) of the Criminal Act. According to the records, C, the complainant, was found to have withdrawn the complaint against the Defendant on May 9, 2013, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(5) of the Criminal Procedure Act.