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(영문) 대구지방법원 의성지원 2015.01.22 2014고단266
간통
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. Summary of the facts charged

A. Defendant A is a person who has a legal spouse who completed a marriage report with F on June 29, 1994.

On January 1, 2010, the Defendant conspiredd with B on seven occasions with B during the period from around that time to January 29, 2011, as described in the annexed crime list, from the time of the cross-competence in the cross-competence in Busan Shipping Daegu.

B. Defendant B knew that he is a spouse of A, the Defendant had sexual intercourses over seven times with A as shown in the attached list of crimes, as well as each other.

2. The facts charged in the instant case are crimes falling under Article 241(1) of the Criminal Act, and may be prosecuted only when the spouse files a complaint pursuant to Article 241(2) of the Criminal Act.

According to the records of this case, on January 8, 2015, the spouse of Defendant A, after the prosecution of this case, revoked the complaint against Defendant A in this court on January 8, 2015, and its revocation effect extends to Defendant B, who is an accomplice, pursuant to Article 233 of the Criminal Procedure Act.

Therefore, all public prosecutions against the Defendants are dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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