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All of the public prosecutions against the Defendants are dismissed.
Reasons
1. Facts charged;
A. Defendant A is a person who is a spouse who has completed a marriage report with C on March 31, 2008.
Around 02:00 on November 7, 2014, the Defendant, who was parked in the vicinity of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, was in transit with B once sexual intercourses with B on the part of the vehicle owned by the Defendant, and was in line with the foregoing B five times in total from February 2014 to November 7, 2014, as indicated in the attached crime sight table.
B. Defendant B, despite being aware that he was a spouse of the above A, had sexual intercourses with A and five times each at the time and place indicated in the list of crimes in the attached Form A and the list of crimes.
2. The facts charged in the instant case are crimes falling under Article 241(1) of the Criminal Act and may be prosecuted only upon the complaint of the spouse pursuant to the main sentence of Article 241(2) of the Criminal Act.
However, according to the records, it can be acknowledged that C, the complainant, revoked the complaint against Defendant B on January 23, 2015, which was after the prosecution of this case, and the revocation of the complaint against Defendant B shall have the effect of revocation of the complaint against Defendant A, the accomplice pursuant to the principle of non-performance of the complaint (Article 233 of the Criminal Procedure Act). Thus, all of the prosecution of this case against Defendants are dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act. It is so decided as per Disposition.