Where a complaint is filed only against some of the concurrent acts against which prosecution has been instituted, the effect of the above complaint shall affect the extent;

The crime of adultery is established as one of the crimes of adulterys. Further, the complaint must be established as an expression of intent by the complainant to report a certain crime to an investigation agency and seek the punishment of the offender. Thus, in case where there is a spouse's complaint only for some of the crimes of adulterys, and there is no complaint as to the other crimes of adulterys, the complaint shall not be effective as against the adulterys without the filing of the complaint.

Article 241 of the Criminal Act, Article 229 of the Criminal Procedure Act

Supreme Court Decision 80Do1310 Delivered on August 26, 1980

Defendant 1 and one other

Prosecutor

Daegu District Court Decision 84No783 delivered on March 8, 1985

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

The crime of adultery under Article 241 of the Criminal Code is established as one of the crimes of adulterys, and it is natural that the accusation should be specified as an expression of intent by the complainant to report a certain crime to an investigation agency and seek the punishment of the offender. Thus, in the case where there is only a spouse's complaint against some of the crimes among multiple adulterys, and there is no complaint against some other adulterys, the above complaint cannot be effective as to the adulterys without filing a complaint.

In the same purport, the court below's decision that maintained the judgment of the court of the first instance that sentenced the dismissal of prosecution on the ground that there is no criminal complaint by the spouse against the defendant on December 5, 1982 among the facts charged in this case against the defendant is just and there is no error of law in the misapprehension of legal principles like the theory of lawsuit. The arguments are groundless.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-sik (Presiding Justice)