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(영문) 부산지방법원 동부지원 2014.06.11 2014고단271
간통
Text

Each of the instant public prosecution against the Defendants is dismissed.

Reasons

1. The summary of the facts charged in this case is the family head office with the spouse who completed the marriage report with E on September 19, 2001, and Defendant B is the company head.

Defendant

A1) On January 12, 2014, at around 04:30 on January 12, 2014, the Defendant sent B and once sexual intercourse from the GMomo room located in F in the Geum-gu, Busan.

(2) On January 14, 2014, around 17:00, the Defendant sent to B and once sexual intercourse in the IMoel room located in Busan Shipping Daegu.

B. Defendant B was aware that the above spouse was a person who was a spouse, and was sexual intercourse with A twice at the same time and place as that of the preceding paragraph, respectively.

2. The judgment was based on the following facts: (a) the crime falls under Article 241(1) of the Criminal Act; and (b) the case can be discussed only upon a victim’s complaint pursuant to Article 241(2) of the Criminal Act; and (c) the record reveals that the victim voluntarily withdraws the complaint against the Defendants on June 9, 2014, which is after the instant indictment.

3. According to the conclusion, each of the instant public prosecution against the Defendants is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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