Each public prosecution against the Defendants is dismissed.

1. The summary of the facts charged is a person who has been married with C on February 15, 1981, and around 01:00 on December 2, 2012, Defendant A sent a single sexual intercourse with B in a tourist bus owned by Defendant A established in the same automatic Seoul Metropolitan Area parking lot of Yongsan-gu Seoul Metropolitan Government.

Defendant

B knew that he is a spouse of A, he was sexual intercourse with A at the same time and at the same place as above.

2. The offense of adultery of judgment is an offense falling under Article 241 (1) of the Criminal Act and prosecuted only upon the complaint of the spouse under the main sentence of Article 241 (2) of the Criminal Act.

In addition, in the case of the crime of adultery, unless the marriage is terminated or the divorce lawsuit is instituted in accordance with Article 229 of the Criminal Procedure Act, and if the divorce lawsuit is withdrawn, the notification will lose its effect retroactively.

On the other hand, the effect of revocation under Article 233 of the Criminal Procedure Act extends to accomplices.

However, according to the records, C, the complainant, filed a divorce lawsuit against the defendant A (U.S. District Court Branch 2012ddan16774), but withdrawn the lawsuit on February 20, 2013.

Therefore, each of the instant public prosecution against the Defendants constitutes a case where the prosecution procedure against the Defendants is null and void in violation of the provisions of law, and thus, the prosecution is dismissed pursuant to Article 327 subparagraph 2 of the Criminal Procedure Act.