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(영문) 서울중앙지방법원 2013.05.22 2013고단1386
간통
Text

Each public prosecution against the Defendants is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that Defendant A has a spouse who completed the marriage report with I on September 18, 1993. A.

Defendant

A (1) On May 8, 2012, the Defendant, in the US room of the Gangnam-gu Seoul Gangnam-gu Jdong-gu Seoul, sent to the B and once sexual intercourse, and continued to move to the US room of the K hotel to the US room of the K hotel, and went to the B and once.

(2) On August 20, 2012, around 22:30 on August 20, 2012, the Defendant sent to the near room of the above hotel, with B and once sexual intercourse.

(3) On September 26, 2012, the Defendant sent to the front room of the Gangnam-gu Seoul L Hotel, with B and once sexual intercourse.

B. Defendant B knew that the above spouse was a spouse, and even at the same time, at the same place as that of the above paragraph (1), the Defendant was sexual intercourse with A and four times as above.

2. The above facts charged are crimes falling under Article 241(1) of the Criminal Act, which can be prosecuted only upon a victim's complaint pursuant to Article 241(2) of the Criminal Act. According to the records, the victim I cancelled the complaint against the defendant B on May 21, 2013, which was after the prosecution of this case, and the effect of cancellation of the complaint against the defendant A, who is an accomplice, extends to the defendant under Article 233 of the Criminal Procedure Act (Article 233 of the Criminal Procedure Act). Thus, the prosecution against the defendants is dismissed pursuant to Article 327(5) of the Criminal Procedure Act.

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