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Each of the instant public prosecution against the Defendants is dismissed.
Reasons
1. Facts charged;
A. Defendant A is a spouse who has completed a marriage report with D on November 25, 1995.
On January 2012, the Defendant, in the middle of Ulsan-gun, Masan-gun, Masan-gun, Masan-si, Masan-si, and Masan-si, Masan-si, Masan-si from around that time to April 3, 2014, Masan-si, as shown in the list of crimes in the attached Table, Mansan-si, Ulsan-si, and Busan-si, respectively.
B. Defendant B, while being aware that he was a spouse A at the same date and time as in paragraph (1), was sexual intercourse with A, as in paragraph (1), as well as sexual intercourses with A from around that time to April 3, 2014, respectively, and sexual intercourses with A, as in the attached list of crimes, from around the time to April 3, 2014.
2. The facts charged in the instant case are crimes falling under Article 241(1) of the Criminal Act, which can be prosecuted only upon a criminal complaint filed by the spouse under Article 241(2) of the Criminal Act. According to the records of the instant case, it can be acknowledged that Defendant A’s spouse D, the complainant of the instant case, revoked all the criminal complaints against the Defendants on January 29, 2015, when the prosecution of the instant case was instituted.
Therefore, according to Article 327 subparagraph 5 of the Criminal Procedure Act, the public prosecution of this case against the Defendants is dismissed.