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(영문) 대전지방법원 천안지원 2014.04.17 2013고단1402
간통
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. Summary of the facts charged

A. Defendant A, who was a spouse after filing a marriage report with C on June 17, 200, was married, and around October 2010, the trade name located in the area near the North-gun of Chungcheongnam-do, Ulsan-do, where the trade name cannot be known, was exchanged B with B once through one sexual intercourse; and

B. Defendant B knew of the fact that he is a spouse of the above A, he was sexual intercourse with A at the same time and at the above place.

2. The facts charged in the instant case are crimes falling under Article 241(1) of the Criminal Act, which can be prosecuted only upon the complaint of the spouse under Article 241(2) of the Criminal Act. According to the records, the complainant C, on April 3, 2014, submitted a letter of withdrawal of the complaint with respect to the Defendants to the instant court on April 3, 2014. Thus, the facts charged in the instant case constitutes revocation of the complaint only upon the complaint.

3. Accordingly, according to the conclusion, all of the public prosecutions against the Defendants are dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act. It is so decided as per Disposition.

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