1. Defendant A is a person who is a spouse who has completed a marriage report with C on November 3, 2003.

On July 18, 2013, around 14:10 on July 18, 2013, the Defendant used the Fsch Rexton car parked in the E parking lot located in Eunpyeong-gu Seoul Metropolitan Government, with a single sexual intercourse with the above B.

2. Defendant B was aware that the above spouse was a spouse, and the same date, time, and place as described in the preceding paragraph were sexual intercourse with A once as above.

Judgment

The crime of adultery is a crime that can be prosecuted only upon the complaint of the spouse (the main sentence of Article 241(1) of the Criminal Act), and on September 11, 2013, after the prosecution, C cancelled the complaint, and accordingly the prosecutor cancelled the prosecution on September 30, 2013. Thus, the prosecution is dismissed in accordance with Article 328(1)1 of the Criminal Procedure Act.

October 4, 2013