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(영문) 광주지방법원 2014.04.02 2013고단6127
간통
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. The summary of the facts charged is that Defendant A is a spouse of which the J on January 11, 2010 and the marriage report is completed. A.

Defendant

A around 14:20 on August 25, 2013, the Defendant sent the Defendant’s Moldo Mando Madon Park Dok-ro, which was parked in K of the Mando-ro, B and once in the car.

B. Defendant B, while being aware that he is a spouse of the above A at the date, time, place, and place described in the above paragraph (a), was sexual intercourse with the above A once.

2. The instant facts charged constitute a crime falling under Article 241(1) of the Criminal Act, which can be prosecuted only when a spouse’s complaint is filed under the main sentence of Article 241(2) of the Criminal Act. Since it is apparent in the record that J, the complainant, revoked the complaint against the Defendants on March 24, 2014, which was the date of the instant indictment, the prosecution against the Defendants is dismissed in entirety pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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