Article 229 (1) of the Criminal Procedure Act provides that the absence of a marital relationship, which is a valid condition of a simple notification suit, or the duration of a divorce lawsuit.

The absence of a marital relationship or the continuation of a divorce lawsuit, which is a valid condition of a simple notification suit under Article 229(1) of the Criminal Procedure Act, shall be equipped from the time of the institution of public prosecution to the time the trial is concluded, and a divorce lawsuit instituted at the time of the institution of public prosecution shall be the same as the lawsuit for divorce has not been instituted thereafter if the complaint has been dismissed thereafter. Thus, even if the judgment of the second instance of the Inter-Korean Criminal Procedure Act was rendered after the judgment of the court of second instance, this case’

Defendant

Attorney Jeon Young-young

Daejeon District Court Decision 75No85 delivered on April 9, 1975

The original judgment and the judgment of the first instance court are reversed. The prosecution of this case is dismissed.

According to Article 229(1) of the Criminal Procedure Act, an appeal for divorce cannot be filed unless the marriage is annulled or divorce lawsuit is instituted. Thus, it is clear that the above complaint has no marital relation or the continuance of divorce lawsuit is valid. This condition must be met from the time of prosecution to the time the trial is concluded. Therefore, a complaint which does not meet the above condition can be filed in violation of the above Article, and even if the complaint is dismissed at the time of the above complaint, if the complaint is dismissed at the time of the above complaint, the complaint shall be filed with the Daejeon District Court on September 26, 1974. According to the records, the complainant filed an appeal for divorce with the Daejeon District Court on June 25, 1975 while the complainant filed an appeal for divorce with the Daejeon District Court on May 22, 1975, and it can be recognized that the above appeal for divorce has been dismissed at the time of 200 days after the first complaint was dismissed (see, e.g., the Supreme Court Decision 201Do27407 after the above ruling).

Therefore, this decision is delivered with the assent of all Justices who reviewed the appeal.

Justices Cho Young-young (Presiding Justice)