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All of the prosecutions of this case are dismissed.
Reasons
1. Defendant B is a person who is a spouse who has completed a marriage report with E on May 3, 2010.
Defendant
B around 05:00 on May 25, 2013, the Defendant sent the G hotel No. 1001 in Yeonsu-gu Incheon Metropolitan City F, with a single sexual intercourse.
B. Defendant A, even though he was aware that he was a spouse of the above B at the above time and at the above place, was sexual intercourse with B once.
2. The offense of adultery under Article 241 (1) of the Criminal Act, as an offense subject to prosecution subject to prosecution, requires the spouse's complaint in accordance with paragraph (2) of the same Article.
However, on October 22, 2013, the Defendants submitted to this court a “written withdrawal of complaint” with the content that E, the spouse of Defendant A, withdraws the complaint against the Defendants.
This falls under the case that must be prosecuted only when a complaint is withdrawn, and the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.
It is so decided as per Disposition for the above reasons.