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(영문) 울산지방법원 2014.09.18 2014고단1482

간통

Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged

A. Defendant A (a) was married with D on January 6, 2003; (b) around January 4, 2014, around January 4, 2014; and (c) was sent to B one-time sexual intercourse with other incompetence near Sejong-gun, Sejong-do; and (d) the same year.

1. 10. 21:00 B B and 3. At the residential room of Ulsan-dong-gu E 106, Ulsan-gu, Ulsan-gu, 21.

1. At the end of 22:30 p.m., a car parked in the F Building parking lot in Yangsan-si, Dong-si, Yangsan-si, B and one-time interchange with B, and the same year; and

1. From 26. 26. 00:00 to cross-section B with once sexual intercourse in the room of the above B, and 5.

3. A car parked in the F Building parking lot at around 14:30, pass between B and B once, and the same year; and

2. At around 18:00, 22. 18:00, to cross-section B with once sexual intercourses from Gyeong Young-gun, Chungcheongnam-gun, Chungcheongnam-gun, and 7.

2. At around 23:40, around 23:23:40, B and once sexual intercourse were sent in the room of the above B’s residence.

B. Defendant B with knowledge of the fact that the above Defendant was a spouse of the above A.

6) The date, time, and place described in paragraphs (6) and (7) were discussed with A twice each other.

2. Each of the facts charged in the instant case is a crime falling under Article 241(1) of the Criminal Act, which can be prosecuted only when the spouse files a complaint pursuant to Article 241(2) of the Criminal Act.

However, according to the statement in the letter of withdrawal of complaint filed in the public trial records, it is recognized that the complainant who was the spouse of the defendant A was all revoked the complaint against the defendants on August 27, 2014, which was after the prosecution of this case. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.