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(영문) 의정부지방법원 고양지원 2013.05.09 2013고단169

간통

Text

All prosecutions against the Defendants are dismissed.

Reasons

1. Facts charged;

A. Defendant A, who was a spouse after filing a marriage report with C on March 31, 1992, was sent back to B and once, around August 12, 201, at a room where the head of the Yeongdeungpo-gu Seoul Metropolitan Government D’s hotel cannot be known, around 22:00.

B. Defendant B, while being aware that the above spouse A was a spouse, was sexual intercourse with A at the same time and at the same place as the foregoing in the preceding paragraph.

2. Each of the above facts charged is a crime falling under Article 241(1) of the Criminal Act and can be prosecuted only upon a criminal complaint filed by his/her spouse under Article 241(2) of the Criminal Act. According to the records, it can be acknowledged that C, the spouse of the defendant A, has withdrawn all of the charges of this case through his/her agent on May 3, 2013, which is after the prosecution of this case. Thus, all of the indictments against the defendants are dismissed in accordance with Article 327(5) of the Criminal Procedure Act. It is so decided as per Disposition.