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(영문) 수원지방법원 2013.08.23 2013고단2359

간통

Text

All prosecutions against the Defendants are dismissed.

Reasons

1. Facts charged;

A. Defendant A is a person who has filed a marriage report with Defendant E on April 15, 1990.

At around 16:00 on March 13, 2012, the Defendant sent to G University’s near G University located in the GG University one time with sexual intercourse.

B. Defendant B knew that he was a spouse of the above A, the Defendant had sexual intercourses with A once with A at the time and place of the above paragraph (a).

2. Determination

(a) An offense subject to prosecution upon complaint: Article 241 (2) of the Criminal Act;

B. Revocation of complaint against the Defendant B after the prosecution of this case was instituted by E

C. Revocation of the complaint against Defendant B is not effective against Defendant A: Article 233 of the Criminal Procedure Act

(d) Public prosecution dismissal: Article 327 subparagraph 5 of the Criminal Procedure Act;