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(영문) 서울서부지방법원 2014.04.16 2013고단3379
간통
Text

All of the public prosecutions of this case are dismissed.

Reasons

1. Facts charged;

A. Defendant A is a person who is a spouse who has completed a marriage report with C on August 16, 2005.

(1) Around February 2012, the Defendant had sexual intercourses with B and once at the “E” factory operated by the Defendant in Mapo-gu Seoul, Mapo-gu, and had sexual intercourses from that time until February 2013 at the same place.

(2) On June 9, 2012, the Defendant provided sexual intercourses with B and once at the guest room of “G” in Mapo-gu Seoul Mapo-gu, Seoul, as well as with B and once sexual intercourses at the guest room of “G” in Mapo-gu, Seoul, on December 6 and June 16 of the same year.

Accordingly, the defendant was sent to the above B and each other.

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

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 when the spouse files a complaint pursuant to Article 241(2) of the Criminal Act.

However, according to the records, it can be acknowledged that C, after the prosecution of this case, revoked the complaint against Defendant A on December 31, 2013, which was after the prosecution of this case, and the revocation of the complaint against Defendant A shall have the effect of revocation of the complaint against Defendant B, who is an accomplice pursuant to Article 233 of the Criminal Procedure Act (Article 233 of the Criminal Procedure Act). Thus, each of the instant prosecution against Defendants 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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