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(영문) 의정부지방법원 2015.06.19 2013노1415
간통
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal and the statement on supplement of the complaint, C filed a complaint with the purport that “The investigative agency confirms and punishs the Defendant,” and thus, it cannot be deemed an illegal complaint that is not specified as an unlawful fact. However, the lower court erred by misapprehending the legal doctrine that dismissed C’s complaint on the grounds that it is unlawful, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The lower court determined that the accusation and the written statement of statement were dismissed on the ground that there is no entry of any specific prison fact, such as the list of crimes attached to the complaint and the written statement, and that the accusation filed by C is an illegal accusation that is not specified in the specific prison fact.

B. Although the criminal facts should be specified in the complaint for the crime of adultery of judgment at the trial of the political party, the specific degree can only be determined by specifying what criminal facts the complainant wishes to punish, and it is not necessary to specify the criminal facts in detail by stating the date, time, place, method, etc. of the crime directly. Since the crime of adultery is common in case of complaint for the crime of adultery, even if the complainant is accused before he/she confessions his/her criminal facts, it is difficult to know the specific contents of the crime. Therefore, in case of complaint for a crime of adultery, unless there are special circumstances to deem that the complainant does not want punishment in particular for any criminal act during the period, it shall be deemed that the complainant expressed his/her intent to punish all of the criminal acts during the period, unless there is a specific circumstance to deem that the complainant does not want punishment.

(Supreme Court Decision 9Do4123 delivered on February 11, 2000) In light of the above legal principles, the health team and the lower court’s judgment regarding the instant case.

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