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(영문) 전주지방법원 2013.10.17 2013고단1780
간통
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. The facts charged in this case

A. Defendant A is a spouse who has completed a marriage report with E on February 16, 2007.

(1) On November 5, 201, the Defendant had sexual intercourse with B on one occasion in a room where it is impossible to find out the care room of the Gamodong-gu Felon-gu, Seoul Special Metropolitan City on November 5, 201.

(2) On December 9, 201, the Defendant had sexual intercourse with B one time in a room where it is impossible to find out the care room of the Gamodong-gu Felon-gu, Seoul Special Metropolitan City on December 9, 201.

(3) On December 24, 201, the Defendant had sexual intercourse with B one time in a room where it is impossible to find out the heading room of the Gamo-gu Seoul Metropolitan Government Felel located at the time-to-day, Hongjin-gu, Seoul Metropolitan City.

(4) On January 20, 2012, the Defendant had sexual intercourse with B one time in a room where it is impossible to find out the heading room of Hemodong-gu F, Seoul Special Metropolitan City on the day-to-day basis.

(5) On April 7, 2012, the Defendant had sexual intercourse with B on one occasion in a room where it is impossible to find out the heading room of Hemo-gu F, Seojin-gu, Seoul Special Metropolitan City.

(6) On November 15, 2012, the Defendant sent to the Defendant one-time sexual intercourse with IB from Ysan-gu, Ysan-si, Seoul Special Metropolitan City on November 15, 2012.

(7) On February 15, 2013, the Defendant: (a) took part in B and once sexual intercourses with Ysan-gu Iglleng-si, Seoul Special Metropolitan City on February 15, 2013.

B. Defendant B was aware that the above spouse was a spouse, and the same date, time, and place as described in the preceding paragraph were sexual intercourse with A seven times as above, respectively.

2. The facts charged against the Defendants are crimes falling under Article 241(1) of the Criminal Act, which are those falling under Article 241(1) of the Criminal Act, and can be prosecuted only upon a criminal complaint filed by the spouse under Article 241(2) of the same Act. According to the records, it can be recognized that E, the complainant, submitted a written withdrawal of the complaint to the court on October 14, 2013, which is subsequent to the prosecution of the instant case, to the effect that he/she withdraws the criminal complaint against the Defendants. Thus, all of the prosecution of the instant case against the Defendants are dismissed in accordance

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