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(영문) 서울북부지방법원 2013.08.28 2013고단1311
간통
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Facts charged;

A. Defendant A is a spouse who has completed a marriage report with E on April 22, 2001.

around November 2010, the Defendant sent to GMono in the Seoul Northern-gu F, Gangnam-gu, Seoul, one time of sexual intercourse with B.

B. Defendant B knew that the above spouse was a spouse, and even at the above time and place, the above Defendant had sexual intercourse with A once.

2. The facts charged in the instant case are crimes falling under Article 241(1) of the Criminal Act, which 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According to the records, the complainant E, after the instant prosecution was instituted, can be recognized as having withdrawn the criminal complaint against the Defendants on August 13, 2013. Thus, all of the instant public prosecution against the Defendants are dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.

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