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(영문) 광주지방법원 목포지원 2013.06.04 2013고단521

간통

Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. Summary of the facts charged

A. Defendant A is a person who has been married with C around November 23, 1982.

On April 10, 2012, the Defendant, as well as the Defendant, from around April 10, 2012 to November 17, 2012, exchanged with B over a total of 12 occasions from around April 10, 2012 to around November 2012, as indicated in the list of crimes in the attached Table.

B. Defendant B, despite being aware that he was a spouse A, had sexual intercourse 12 times as described in paragraph (1) at the same time and place as that described in paragraph (1).

2. Each of the facts charged of this case is a crime falling under Article 241 (1) of the Criminal Code, which can be prosecuted only when the spouse's complaint is filed pursuant to Article 241 (2) of the Criminal Code. According to the records, the defendant Eul's spouse, who is the complainant, can recognize the fact that all of the defendants' complaint was withdrawn after the prosecution of this case was instituted. Thus, all of the prosecutions against the defendants are dismissed pursuant to Article 327 (5) of