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(영문) 의정부지방법원 고양지원 2014.05.23 2013고단2252
간통
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. The summary of the facts charged is that Defendant A is a spouse who completed the marriage report with E on October 29, 1989.

Defendant

A1) On May 18, 2012, the Defendant sent the two parallels with the above B and one time at the panty zone located in Jung-gu Incheon, Jung-gu, Incheon on May 18, 2012, 201. 2) On June 4, 2013, the Defendant sent the same one time with the above B at the 106-dong underground parking lot, Jungyang-gu, Jungyang-gu, Young-gu, Incheon, Goyang-gu, 106, Goyang-gu, Goyang-si, and passed the two parallels with the above B on July 11, 2013.

B. Defendant B was aware of the fact that he was a woman with the above spouse A at the above time and place, and was sexual intercourse with A as above.

2. Each of the facts charged in the instant case is a crime falling under Article 241(1) of the Criminal Act, which can be prosecuted only upon the complaint of the spouse under Article 241(2) of the Criminal Act. Since the complainant E’s agent’s withdrawal of the complaint against the Defendants on May 20, 2014, the prosecution against the Defendants was dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.

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