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(영문) 서울중앙지방법원 2015.01.08 2014고단5992
간통
Text

Each public prosecution against the Defendants is dismissed.

Reasons

1. The facts charged in this case

A. Defendant A, who was a spouse who completed a marriage report with F on September 30, 200, was a spouse. Around June 2013, in a room where it is impossible to identify the trade name at hand, Defendant A and the single sexual intercourse with B, and followed each other five times from that time until January 2014, as indicated in the attached list of crimes.

B. Defendant B was aware that he was a spouse, and even at the same time and place, he had sexual intercourses with A five times as above, respectively.

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, the fact that the spouse F of the Defendant A, the complainant, was entirely canceled on January 6, 2015, when the prosecution of the instant case was instituted.

3. Accordingly, according to the conclusion, each of the instant public prosecution against the 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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