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(영문) 서울북부지방법원 2014.10.30 2014고단2634
간통
Text

The prosecution of this case against the Defendants is dismissed.

Reasons

1. Summary of the facts charged

A. Defendant A is a spouse who has completed a marriage report with C on April 1, 2002.

1) Around September 2010, the Defendant sent Category B and once sexual intercourse from the F Hotel, which is located at the Seocho-si, Gangwon-gu, Seoul, to the Non-Party B. (2) around January 201, the Defendant sent sexual intercourse with B in the F Hotel’s Non-School, Nowon-gu, Seoul, around January 201.

3 Around April 201, the Defendant 201, at an influent female house located in the male and female city, sent to B one time with her sexual intercourse.

Accordingly, the defendant was sent to the above B over three times.

B. Defendant B knew that the above spouse was a spouse, and even at the same time and place as the above 1. Paragraph (1) above, the Defendant had sexual intercourse with A three times, respectively.

2. Each of the facts charged in the instant case is a crime falling under Article 241(1) of the Criminal Act, which can be prosecuted only upon a criminal complaint filed by the spouse pursuant to Article 241(2) of the Criminal Act. According to the records, C, the complainant, as the spouse of the Defendant A, can be acknowledged as having withdrawn the criminal complaint against the Defendants.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act. It is so decided as per Disposition.

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