Each indictment against the Defendants is dismissed.

1. Defendant A was a person who was a spouse after filing a marriage report with D on July 22, 2011. A around October 20, 2013, at the FMoMoel 200 room located in Mayang-si, Jeonyang-si, Jeonyang-nam, Defendant B had sexual intercourse with B once, and Defendant B had sexual intercourse with A even though he was aware that the above A was a spouse.

2. The crime of adultery and the crime of adultery can be prosecuted only when the spouse files a complaint (Article 241(2) of the Criminal Act). In this case, the spouse cannot file a complaint unless the marriage is annulled or a divorce lawsuit is instituted (Article 229(1) of the Criminal Procedure Act). The complaint against the crime of adultery and the crime of adultery is valid when the non-existence of a marital relationship or divorce lawsuit is instituted.

However, according to the letter of withdrawal attached to the record, D acknowledged that the revocation of a divorce suit filed against A as the Daegu Family Court Kimcheon Branch of 2013Ddan3573 was made on February 17, 2014. Since the withdrawal of a suit has a retroactive effect, D’s adultery and each complaint between D loses its effect retroactively.

Therefore, since each of the public prosecutions between the Tongs and the Tongs of this case is the same as that without a complaint, each of the above public prosecutions are dismissed pursuant to Article 327 subparagraph 2 of the Criminal Procedure Act.