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(영문) 의정부지방법원 고양지원 2013.11.06 2013고단1471
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 has completed the marriage report with C on December 9, 2009.

On December 12, 2010, the Defendant, as indicated in the list of crimes in attached Form B between the time from around that time to August 14, 2012, had sexual intercourses with B and one time with B, Young-gu, Youngdong-gu, Youngdong-gu, Youngdong-gu, Mangsan-si, Goyang-si and the Defendant had sexual intercourses with B more than nine times.

B. Defendant B, despite being aware that he was a spouse of the above A, had sexual intercourses with A on December 2010, 201 with A as well as a single sexual intercourses with A during a total of nine times from around that time to August 14, 2012, as described in the list of crimes.

2. The facts charged in this case are crimes falling under Article 241 (1) of the Criminal Act, which can be prosecuted only when the spouse's complaint is filed pursuant to Article 241 (2) of the Criminal Act. According to the records, C, the complainant, can recognize the fact that he fully cancels the complaint against the Defendants after the institution of the instant prosecution. Thus, all of the prosecution against the Defendants are dismissed pursuant to Article 327 (5) of the Criminal Procedure Act.

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