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Each of the instant public prosecution against the Defendants is dismissed.
Reasons
1. Summary of the facts charged
A. Defendant A was a person who was a spouse after filing a marriage report with F on March 5, 2008. At around 15:00, around April 17, 2013, Defendant A sent to B one-time sexual intercourse with B in the room of the room of the Jung-gu Daejeon-gu, Daejeon-gu, Daejeon.
B. Defendant B was aware that the above spouse was a person who was a spouse, and the same date, time, and place as described in the preceding paragraph was sexual intercourse with A once as mentioned above.
2. Each of the facts charged in the instant case is a crime falling under Article 241 (1) of the Criminal Act, and may be prosecuted only upon the complaint of the spouse pursuant to the main sentence of Article 241 (2) of the Criminal Act;
However, since F, after the indictment of this case, revoked the complaint against the Defendants on December 6, 2013, the complainant F, which was after the indictment of this case, the indictment of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.