Text
All of the prosecutions of this case are dismissed.
Reasons
Public Prosecutor's Office
1. Defendant A is a person who is a spouse who has completed a marriage report with C on October 21, 2008. A.
At around 23:00 on December 10, 2013, the Defendant, after the Busan Eastdong-gu D apartment, had a single sexual intercourse with B in a room where it is impossible to know the room of the her mutual incompetence.
B. On June 24, 2014, around 12:30 on June 24, 2014, at a room where it is impossible to find out the nearest room of the F Hospital located in Busan Dong-gu, Busan, the Defendant sent to the above B with her gender once.
2. Defendant B knew that he was a spouse of the above A, and even at the same date, time, time, and place as Party A’s (B) was sexual intercourse with Party A twice as above, respectively.
The grounds for dismissing prosecution in this case are the crimes falling under Article 241 (1) of the Criminal Code, which are those falling under Article 241 (2) of the Criminal Code and can be prosecuted only when the spouse's complaint is filed under paragraph (2) of the same Article. According to the records of this case, it can be recognized that the spouse of the defendant A revoked the complaint against the defendant B on October 30, 2014, which is after the prosecution of this case. According to Article 233 of the Criminal Procedure Act, the revocation of complaint against one or several co-offenders among the co-offenders in an offense subject to prosecution subject to prosecution is also effective, so all the prosecution against the defendants