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(영문) 대구지방법원 포항지원 2013.04.25 2013고단98
간통
Text

All of the prosecutions of this case 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 C on April 11, 2005.

On September 15, 2012, the Defendant sent B with B twice within the DK5-car in the French branch below the north-gu, North-gu, North-si, North-si.

B. Defendant B was aware of the fact that the above spouse A was a person who was a spouse, and had sexual intercourses with A twice at the same time and place as mentioned in paragraph (1).

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 the complaint of the spouse pursuant to Article 241(2) of the Criminal Act. According to the records, the complainant C may recognize the fact that the complaint against the Defendant B was withdrawn on April 10, 2013, which is after the prosecution of the instant case. The revocation of the complaint against one of the accomplices becomes effective against the other accomplices (Article 233 of the Criminal Procedure Act). Since the facts charged in the instant case constitutes the revocation of the complaint against the case for which a public prosecution may be instituted only upon the complaint, all of the prosecution against the Defendants under Article 327 subparag. 5 of the Criminal Procedure Act are dismissed.

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