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(영문) 서울중앙지방법원 2014.01.21 2013고단844
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 is a spouse who has completed a marriage report with H on December 26, 1984.

1) On October 201, 201, the Defendant, from the J building located in the Seoul Special Self-Governing City, the first sexual intercourse with B and the first sexual intercourse. 2) From the beginning of December 2011 to the beginning of March 2012, the Defendant 26 times a total of 26 times a week from the Seoul Gangnam-gu K Apartment 201 Dong 1714.

3) From March 10, 2012 to September 2012, 2012, the Defendant 42 and 42 sexual intercourses each at the residence of the Seoul Gwangjin-gu Seoul Special Metropolitan City L apartment, in a total of 2 weeks, respectively. 4) around December 10, 201, the Defendant her sexual intercourses with B in the BMW vehicle operated by B.

B. Defendant B knew that he was a spouse, and even at the same time and place as the above, the Defendant conspiredd with A, respectively, in the same manner and place as above.

2. The facts charged in the instant case are crimes falling under Article 241(1) of the Criminal Act and can be prosecuted only upon a criminal complaint filed by the spouse pursuant to Article 241(2) of the Criminal Act. According to the records, H, the complainant, after the instant indictment, may be deemed to have been fully revoked on December 24, 2013, which was the date of the instant indictment. Thus, all of the instant prosecutions are dismissed pursuant to Article 327(5) of the Criminal Procedure

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