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All prosecutions against the Defendants are dismissed.
Reasons
The summary of the facts charged in the instant case is as follows: “Defendant B is a person who has been married with D on April 16, 200, and Defendant B was sexual intercourses with Defendant A at the home of Defendant A, 101 Dongdong-gu, Daegu-si, 101 Dongdong-gu, 906, around October 2, 2009, and was sexual intercourses with Defendant A several times from around that time to December 19, 2013, and Defendant A knew that he was a spouse of Defendant B, as seen above, was sexual intercourses with Defendant B several times.”
The facts charged against the Defendants are crimes falling under the main sentence of Article 241(1) of the Criminal Act and the latter part of Article 241(2) of the Criminal Act and can be prosecuted only upon a complaint under the main sentence of Article 241(2) of the Criminal Act. According to the records, it can be acknowledged that Defendant B’s spouse D has withdrawn the complaint against the Defendants on September 24, 2014, which was after the instant prosecution was instituted. Thus, all the indictments against the Defendants are dismissed in accordance with Article 32