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(영문) 수원지방법원 성남지원 2013.10.16 2013고단1004
간통
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. Facts charged;

A. Defendant A is a person who has a legal spouse who completed a marriage report with E on September 15, 1986.

On May 12, 2012, GMoel 205 located in Gangnam-si F around 20:0, which was sent to Defendant B one time with Defendant B.

B. Defendant B knew that he is a spouse of Defendant B, the Defendant B had sexual intercourse as above at the above temporary place with the awareness of the fact that he is a spouse of Defendant B.

2. The facts charged in the instant case are crimes 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 Criminal Act. According to the records, the facts charged can be acknowledged on September 9, 2013, which is the date the instant prosecution was instituted against the Defendants by E, who is the spouse of Defendant A, after the instant prosecution was instituted. Thus, all of the instant prosecutions are dismissed in accordance with Article 327(5)

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