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(영문) 대전지방법원 2013.05.06 2013고단1021

간통

Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged

A. Defendant A is a spouse who has completed a marriage report with L on July 5, 2007.

(1) On February 12, 2013, at around 12:00, the Defendant sent to a room in which it is impossible to find out the protection room of the MaMoel, which is located in the MaMotool Department of the Chungcheongbuk-gun.

(2) On February 21, 2013, around 22:30, the Defendant, at the home of the Defendant, N apartment 2.2 and 205, sent to the said B with sexual intercourses.

(3) Around 23:00 on March 4, 2013, the Defendant had a sexual intercourse with the above B once at the place described in the above paragraph (2).

B. Defendant B with knowledge that the above Defendant was a person who is a spouse of the above A.

The date and time of paragraphs (1), (2) and (3), as described above, and three times sexual intercourses with A 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 pursuant to Article 241(2) of the Criminal Act. According to the records, L and Defendant B, the complainant, agreed on April 27, 2013 after the public prosecution of the instant case was instituted, and L, the complainant, drafted a written agreement that revokes the criminal complaint against Defendant B. On April 30, 2013, Defendant B submitted the said written agreement to this court on April 30, 2013, and L, the complainant, submitted again to this court on May 1, 2013, which is recognized that the withdrawal of the criminal complaint against the Defendants was withdrawn. Thus, the facts charged constitute revocation of the criminal complaint with respect to a case for which a public prosecution may be instituted only upon a criminal complaint.

3. In conclusion, according to Article 327 subparagraph 5 of the Criminal Procedure Act, all of the indictments against the Defendants are dismissed. It is so decided as per Disposition.