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All prosecutions against the Defendants are dismissed.
Reasons
Summary of Facts charged
1. Defendant A is a spouse who has completed a marriage report with the victim C around January 2004. A. The Defendant is a spouse.
On August 7, 2011, the Defendant, at the house of Changwon-si, Changwon-si, Changwon-si, 116 Dong 601 B, had a sexual intercourse with B one time.
B. On October 1, 201, the Defendant sent the name at night to the Maurel with B twice, where the name at night cannot be known.
C. On October 28, 2011, the Defendant d apartment 116, 601, from the home of Changwon-si, Changwon-si, Changwon-si, Masan-si, 116, 601, and d with B one another.
On January 7, 2012, the Defendant, at a low time, set up a B vehicle in the vicinity of the road near the Ulsan-Yansansan mountain, sent B and once sexual intercourses in B and one-time sexual intercourses in the accommodation where the name near the beach of Gangwon-do cannot be known at the night of the same day.
E. On October 15, 2012, the Defendant, at the house of Changwon-si, Masan-si, Masan-si, Masan-si, 116, 601, Daowon-si, Daowon-si, had a sexual intercourse with B once.
F. On November 3, 2012, the Defendant sent her panty defense room at a room where it is impossible to know about the Epanty defense room in the south of Korea at a low time. On the following day, the Defendant sent her panty room at B and once her panty zone.
G. On February 16, 2013, the Defendant, at the house of Changwon-si, Changwon-si, Masan-si, 116 Dong 601 B, sent to the Defendant with sexual intercourses B once with B.
H. On March 21, 2013, the Defendant, at the house of Changwon-si, Changwon-si, Masan-si, 116 Dong 601 B, sent to the Defendant with sexual intercourse one time with B.
2. Defendant B knew that he is a spouse of A, the date and place specified in paragraph 1, and the foregoing 11-time sexual intercourse with A, respectively.
Judgment
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 when the spouse files a complaint under Article 241(2) of the Criminal Act.
However, according to the records, the complainant C filed a complaint against Defendant B on May 19, 2014, which was after the prosecution of this case.