A. Defendant A is a spouse who has completed a marriage report with D on April 2, 2008.

(1) On December 14, 2012, around 23:20 on December 14, 2012, the Defendant sent to “F” Ma, which is located in Songpa-gu Seoul, with B and once sexual intercourse.

(2) On December 29, 2012, around 04:22, the Defendant sent to “H” Ma, which is located in Songpa-gu Seoul Metropolitan Government G, one time of sexual intercourse with B.

(3) On January 26, 2013, the Defendant sent to the “J” hotel located in Seoul Special Metropolitan City, Nowon-gu I with B and once sexual intercourse.

B. Defendant B (1) was aware that the above A was a spouse, at the same time, and at the same place as the above paragraph (a), and was sexual intercourse with A three times respectively.

2. Each of the facts charged in the instant case is a crime falling under Article 241 (1) of the Criminal Act, and may be prosecuted only upon the complaint of the spouse pursuant to the main sentence of Article 241 (2) of the Criminal Act;

However, since the complainant D cancelled the complaint against the Defendants on January 8, 2014, which was after the indictment of this case was instituted, the indictment of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.