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(영문) 서울서부지방법원 2013.11.27 2013고단1510
간통
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged

A. Defendant A completed the marriage report with E on November 19, 1990.

(1) Around September 12, 2012, the Defendant provided a single sexual intercourse with the Eunpyeong-gu Seoul Metropolitan Government F apartment units 422 Dong 1202 Dong 1202.

(2) On December 11, 2012, the Defendant had sexual intercourse B and once with the apartment set forth in the foregoing paragraph (1).

In this respect, the defendant was sent to B and each other over twice.

B. Defendant B knew that he is a spouse of A, and even at the same time and place as the above paragraph (a), the Defendant conspiredd twice with each other, as seen above.

2. We examine the judgment. The facts charged of this case are crimes falling under Article 241 (1) of the Criminal Act, which can be prosecuted only upon a victim's complaint pursuant to Article 241 (2) of the Criminal Act. According to the written withdrawal of a complaint, it can be acknowledged that E, the spouse of the defendant A, who is the complainant, has revoked all the complaint against the defendants on November 13, 2013, after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 (5) of the Criminal Procedure Act.

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