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(영문) 의정부지방법원 고양지원 2013.07.25 2013고단622

간통

Text

All prosecutions against the Defendants are dismissed.

Reasons

Indictment

1. Defendant A is a person who is a spouse who has completed a marriage report with C on September 29, 2008. A.

At around 00:00 on December 14, 2012, the Defendant had a sexual intercourse with B, one time with B, in the residence of Goyang-gu, Mangsan-si D, 507(E).

B. On December 14, 2012, the Defendant, around 23:00, provided that the Defendant had a sexual intercourse with the said B one time with the mutual incompetence in Yongsan-gu, Yongsan-gu, Yongsan-si.

2. Defendant B knew of the fact that the above Defendant was a spouse of the above A, and even at the above time and place, the Defendant had sexual intercourses with A twice as above, respectively.

In light of the records, C, the spouse of the Defendant, cancelled the complaint against the Defendants on May 11, 2013, which was after the prosecution of this case, as the crime falling under Article 241(1) of the Criminal Act, and each of the above crimes is a crime falling under Article 241(1) of the Criminal Act, and can be prosecuted only upon the complaint of the spouse under Article 241(2) of the Criminal Act. Accordingly, the prosecution of this case against the Defendants is dismissed in accordance with Article 327(5) of the Criminal Procedure Act. It is so decided as per