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(영문) 수원지방법원 성남지원 2014.01.17 2013고단2649

간통

Text

All prosecutions against the Defendants are dismissed.

Reasons

Punishment of the crime

1. Summary of the facts charged

A. Defendant A is a person who has completed the marriage report with D (former Name E) April 26, 2010.

(1) A around 05:00 on August 29, 2012, Defendant A had a brupted with C one-time sexual intercourse in an insane room located in Gangdong-gu Seoul Metropolitan Government Cancer-dong.

(2) A around August 29, 2012, around 21:00, Defendant A 1 sent to a single sexual intercourse with C in an influence room in Gangdong-gu Seoul Metropolitan Government Monobel located in Gangdong-gu.

(3) At around August 21, 2012, Defendant A had a sexual intercourse with C in an insane room located in the Mohoho-dong, Gangdong-gu, Seoul, Gangdong-gu, with a single sexual intercourse around 21:00.

(4) A around February 2013, Defendant A had a sexual intercourse with C one time with C at the E-gu office located in the Macheon-si.

(5) A around May 2013, Defendant A had the mother of C residing in the city where he was living together with C once sexual intercourse with C.

(6) A around July 2013, Defendant A had a sexual intercourse with C in an insular room of the Mosulel located in the Gangwon-do Crossing-gun.

(7) A around August 14, 2013, Defendant A had a sexual intercourse with C and once with C at the house located in Gangdong-gu Seoul Metropolitan Government F.

B. Defendant C is aware that he/she is a spouse of A.

(7) At the time, at the place specified in paragraph (1), A had sexual intercourse with A once.

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, D revoked the criminal complaint filed against Defendant A on January 16, 2014, which was after the prosecution of the instant case, and the revocation of the criminal complaint against Defendant C, who is an accomplice, pursuant to Article 233 of the Criminal Procedure Act, has the effect of revocation of the criminal complaint. Thus, all prosecutions against Defendants are dismissed in accordance with Article 3