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(영문) 서울동부지방법원 2014.10.22 2014고단2077
간통
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. Summary of the facts charged

A. Defendant A is a spouse who has completed a marriage report with D around August 12, 2010.

Around September 26, 2013, the Defendant sent a total of nine occasions of intercourses with B from that time to February 7, 2014, as shown in the list of crimes in attached Form, in a Mourel where it is impossible to know the trade name in Gangdong-gu Seoul Metropolitan Government Cancer, and a single sexual intercourse with B, respectively.

B. Defendant B knew that he was a spouse of the above A, the Defendant had sexual intercourses with A over nine times in total as shown in the list of crimes in the attached Form 1.

Judgment

The facts charged are the 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.

However, according to the statement on the withdrawal of a complaint submitted by D on October 21, 2014, it can be recognized that the spouse withdraws the complaint after the institution of the instant indictment.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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