A. Defendant A is a spouse who has completed a marriage report with E on April 12, 1987.

On October 9, 2012, the Defendant sent to a room where it is impossible to know the family room near the Daegu Dong-gu F, Daegu-gu, with B and once sexual intercourse.

B. Defendant B knew that he is a spouse of the above A, the above Defendant was sexual intercourse with A at the same time and at the above place.

2. We examine the judgment. The case is a crime falling under Article 241(1) of the Criminal Act, which can be discussed only when the spouse's complaint is filed pursuant to Article 241(2) of the Criminal Act. According to the written withdrawal of complaint attached to the record, E, the spouse of the defendant A, can be acknowledged as the fact of withdrawal of complaint against the defendants on July 9, 2013, which is after the prosecution of this case. Thus, all prosecutions against the defendants are dismissed in accordance with Article 327(5) of the Criminal Procedure Act.