The number of crimes and the validity of the complaint in relation to the crime of adultery

Since one crime of adultery is established for each sexual intercourse, in the event that there is a spouse's complaint only for a part of the multiple adulterys against which a prosecution has been instituted, and there is no complaint against any other part of the adulterys, the above complaint shall not be effective as against the adulterys without filing a complaint.

Article 241 of the Criminal Act

Supreme Court Decision 69Do1337 Decided October 14, 1969, Supreme Court Decision 71Do68 Decided February 23, 1971

Defendant 1 and one other

Prosecutor

Gwangju District Court Decision 82No1036 delivered on December 2, 1982

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

Since one crime of adultery under Article 241 of the Criminal Act is established for each act of adultery, one spouse's complaint is filed only for some of the acts of adultery, and in the absence of such complaint against some other acts of adultery, the above complaint cannot be effective as to the act of adultery without filing a complaint (see, e.g., Supreme Court Decisions 69Do1337, Oct. 14, 1969; 71Do68, Feb. 23, 1971).

The court below sentenced the defendants to dismiss the public prosecution on the grounds that there is no complaint by the spouse on February 10, 1982 among the facts charged in this case against the defendants. In light of the records, there is no error of law by misunderstanding the purport of the complaint or the legal principles of the dismissal of public prosecution, such as the theory of lawsuit, which is acceptable.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Lee Sung-soo (Presiding Justice)