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(영문) 광주지방법원 2014.12.12 2014고단3846
간통
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. Facts charged;

A. Defendant A is a spouse who has completed a marriage report with Defendant E on August 10, 2012.

1) On July 29, 2014, the Defendant sent the F Building B from 205 to 205 in Gwangju Mine-gu, Gwangju, one time of sexual intercourse with B. 2) On August 6, 2014, the Defendant had a sexual intercourse with B in the same place as above.

3) On August 7, 2014, the Defendant had a sexual intercourse with B at the same place as above, and had a single sexual intercourse with B. 4) On August 8, 2014, the Defendant sent a single sexual intercourse with B at the same place as above.

5) On August 9, 2014, the Defendant had a sexual intercourse with B at the same place as the above, and had a sexual intercourse with B on August 10, 2014. 6) The Defendant had a sexual intercourse with B on August 10, 2014.

B. Defendant B knew that he was a spouse, and even at the same time and place as in the above paragraph (1), the Defendant conspiredd with A six times with A, respectively.

2. The offense of multiple judgments is an offense falling under Article 241(1) of the Criminal Act, and a public prosecution may be instituted only when a spouse files a complaint pursuant to the main sentence of Article 241(2) of the Criminal Act. When a divorce lawsuit has been withdrawn pursuant to Article 229(2) of the Criminal Procedure Act, the complaint shall be deemed to have been withdrawn. The effect of revocation shall also extend to accomplices pursuant to Article 233 of

According to the records, the complainant E filed a lawsuit against the defendant for divorce, etc. (or Mineju Family Court 2014ddan9534) and filed a complaint against the defendant as a crime of adultery, but the defendant was found to have been submitted with the consent of the defendant A on November 20, 2014, which was after the prosecution of this case, and the complaint against the defendant is deemed to have been revoked. Thus, all the prosecution against the defendant is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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