Each of the instant public prosecutions is dismissed.

Public Prosecutor's Office

1. Defendant A is a spouse who has completed a marriage report with C around August 2002. A

On August 22, 2012, the Defendant sent the name and number of his wife in Dongjak-gu Seoul Metropolitan Government D on August 22, 2012 at the Mour, unless the name and number of his wife cannot be known.

B. On October 1, 2012, around 02:00, the Defendant provided the name and number of houses around the department stores in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with B and once sexual intercourse at the Mour.

Accordingly, the Defendant had sexual intercourses with B twice as above, respectively.

2. Defendant B, while being aware that the above spouse A had a spouse at the same time and at the same place, had sexual intercourse twice as above, respectively.

However, the instant case is a crime falling under Article 241(1) of the Criminal Act, which can be discussed only when the spouse's complaint is filed under Article 241(2) of the same Act. According to the written withdrawal of complaint submitted to this court, C, the complainant of May 20, 2013, after the instant indictment was filed, can recognize the fact that the complaint against the Defendants was withdrawn. Thus, each of the instant indictment is dismissed in accordance with Article 327(5) of the Criminal Procedure Act.