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(영문) 인천지방법원 2013.06.04 2013고단885 (1)
간통
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, on June 24, 2010, is a spouse who has completed a marriage report with E;

A. On October 15, 2012, the name of Gnaart clubs F located in the Bupyeong-gu Incheon Metropolitan Government is expressed to A with a single sexual intercourse at a mother telecom with which it is impossible to identify the names of the neighborhood of the Gnaart club;

B. On November 12, 2012, Htel No. 506 of the Nam-gu Incheon Metropolitan City (Htel 506), a single sexual intercourse with A;

C. From November 19, 2012, transit between A and A on a single-time basis at the residence of the said A, and

D. Around October 16, 2012, the name of the IB club located in the Bupyeong-gu Incheon Metropolitan Government F is shared with B once with a single sexual intercourse in a mother telecom where it is impossible to identify the names of the members of the IB club located in the area of Bupyeong-gu, Incheon;

E. On October 19, 2012, the names of the members of the said IEM clubs are as between B and B, one time by which it is impossible to know the names of the members of the said IEM clubs;

(f) around November 7, 2012, the names of the members of the above IEM clubs are shared with B by one sexual intercourse in Mourel where the names of the members of the said IEM clubs cannot be known;

G. Around November 17, 2012, via a single sexual intercourse with B at a mother telecom with which the name of the wife of the Nam-gu, Incheon Metropolitan City Transboundary-gu is unknown;

H. On November 27, 2012, the names of the members of the said IEM clubs are as between B and B, one time of sexual intercourse at the Moel where the names of the members of the said IEM clubs cannot be known;

I. Around December 13, 2012, the name of the said I or T clubs was sent to B with a single sexual intercourse in a Mourel where it is impossible to identify the name of the said I or T clubs.

2. The instant case is a crime falling under Article 241(1) of the Criminal Act, which can be discussed only when the spouse's complaint is filed under Article 241(2) of the Criminal Act. According to the written withdrawal of complaint filed in this court, the complainant on June 3, 2013, which was the date the instant indictment was filed, can recognize the fact that the complaint was withdrawn against the Defendant. Thus, the instant indictment is dismissed pursuant to Article 327(5) of the Criminal Procedure Act.

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