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(영문) 인천지방법원 부천지원 2013.12.18 2013고단2899
간통
Text

All prosecutions against the Defendants are dismissed.

Reasons

The summary of the facts charged of the instant case is as follows: (a) Defendant A was married with C on December 14, 1989 and was married with C on February 23, 2013; (b) around 02:00 on February 23, 2013, at the guest room where it is impossible to identify the name of the family head in the vicinity of the YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY.

The crime of adultery is a crime falling under Article 241 (1) of the Criminal Act and can be prosecuted only upon the complaint of the spouse under the main sentence of Article 241 (2) of the Criminal Act. When a divorce lawsuit has been withdrawn pursuant to Article 229 of the Criminal Procedure Act, the complaint shall be deemed to have been revoked. The effect of revocation shall also extend to the accomplice under Article 233 of the Criminal Procedure Act

With respect to the instant case, it is recognized that the case was withdrawn due to the lack of an application for fixed date designation by December 13, 2013, which was filed by the Ministry of Health and Welfare against the Defendant A, by the Incheon District Court Branch Branch 2013Ddan4763, which was filed by the C against the Defendant A, on two occasions by both parties, and by December 13, 2013, where one month has passed after the date designation. Thus, the public prosecution against the Defendants constitutes an action without a complaint filed in an offense subject to victim’s complaint, and thus, the public prosecution is dismissed pursuant to

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