beta
(영문) 서울서부지방법원 2013.05.09 2013고단375

간통

Text

All of the prosecutions of this case are dismissed.

Reasons

1. A factory laboratory;

A. Defendant A is a spouse who has completed a marriage report with F on June 19, 199.

On August 11, 2012, the Defendant sent to the studio B and the studio studio B in the 5th floor of the Gtel in Seongbuk-gu, Sungnam-si.

B. Defendant B knew that he was a spouse of the above Defendant B, the date and place indicated in paragraph (1) was sexual intercourse with A once as stated in paragraph (1).

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 the complaint of the spouse pursuant to Article 241(2) of the Criminal Act. According to the records, the complainant F can acknowledge the fact that the complainant revoked the complaint against the defendant A after the prosecution in the instant case. The revocation of the complaint against one of the accomplices is effective against the other accomplices (Article 233 of the Criminal Procedure Act). Since the facts charged in the instant case constitutes the revocation of the complaint against the case for which the prosecution can be instituted only upon the complaint (Article 233 of the Criminal Procedure Act), the indictment in the instant case against the defendants is dismissed in accordance with Article