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(영문) 서울동부지방법원 2013.08.22 2013고단1115
간통
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged in this case

A. Defendant A is a person who is a spouse who has completed a marriage report with C on November 6, 1987.

(1) Around 23:00 on June 21, 2012, the Defendant sent 124 Dong-gu D Building No. 105 B and one time at the house house located in Seocheon-gu, Seocheon-gu, 2012. (2) The Defendant, around 25:00 of the same month, sent her sexual intercourse with B and once at the show of the above place at around 23:00 of the same month, and (3) the Defendant, at around 23:00 on the date of the same month, sent her sexual intercourse with B and one time at the house located in the main house located in the same place as above at the end of the same month.

B. Defendant B, knowing that he was a spouse A, was a person who was sexually married three times as prescribed in paragraph (1).

2. The instant case is a crime falling under Article 241 of the Criminal Act and is a case for which a criminal complaint is filed by C, who is his/her spouse, under Article 241(2) of the Criminal Act. According to the “written withdrawal of a criminal complaint” recorded in the public trial records, a complainant may recognize the fact that C withdraws a criminal complaint against Defendant A on July 18, 2013, which is subsequent to the instant indictment. Thus, all of the instant public prosecutions are dismissed in accordance with Article 327(5) of the Criminal Procedure Act.

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