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(영문) 의정부지방법원 2013.08.30 2013고단1977
간통
Text

The indictment against the Defendants is dismissed.

Reasons

1. On October 28, 1989, Defendant A, who was married with the victim D on the charge, was sent by the service organization as the person who was married with the victim D.

1. Defendant A, at around 17:00 on April 201, 201, was sent through a single sexual intercourse with “F” heading room located in Chuncheon-si, “F” (F).

2. Defendant B, at the same time and place as the above paragraph 1, had sexual intercourse with A who is an ordinary man.

2. The facts charged in the instant case are crimes falling under Article 241(1) of the Criminal Act, and can be prosecuted only upon a criminal complaint filed by the spouse pursuant to Article 241(2) of the Criminal Act. The spouse D revoked the criminal complaint filed against the Defendants on August 29, 2013, which is the date of the instant indictment.

Therefore, the public prosecution against the Defendants is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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