All of the prosecutions of this case are dismissed.

Summary of Facts charged

1. The Defendant: (a) was a spouse who completed a marriage report with D on September 12, 1993; and (b) was sexual intercourse between B and B on February 6, 2013 at the 205 unit of Gwangju Mine-gu Ethur (205 unit of Gwangju Mine-gu) around 19:00.

2. Defendant B, while being aware that he was a spouse of Defendant A, had a sexual intercourse with A once with the above.

Judgment

The facts charged in the instant case are crimes falling under Article 241(1) of the Criminal Act, and Article 241(2) of the Criminal Act provides that a public prosecution may be instituted only when a spouse's complaint is filed. According to D's written application submitted to this court on May 8, 2013, it can be recognized that the spouse D's revocation of complaint against the Defendant B after the prosecution of the instant case was instituted by the Defendant's spouse D. Thus, revocation of complaint against one of the co-offenders is effective against the other co-offenders (Article 233 of the Criminal Procedure Act) (Article 23 of the Criminal Procedure Act).

Therefore, under Article 327 subparagraph 5 of the Criminal Procedure Act, all of the public prosecutions against the Defendants are dismissed. It is so decided as per Disposition.