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(영문) 대법원 2013.05.09 2012도15838
간통
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Article 230(1) of the Criminal Procedure Act provides that "No complaint shall be filed after the lapse of six months from the date on which the offender becomes aware of the offense subject to victim's complaint."

Here, "a person who knows a criminal" means that a person who has a right to file a complaint is aware of a criminal fact and an offender to the extent that he/she can file a complaint from an ordinary perspective.

Among them, "A person who became aware of a crime" means that the complainant has a conclusive perception of facts that there was a damage to a crime subject to victim's complaint.

(1) In light of the above legal principles, the court below's determination that the complaint of this case was filed after the expiration of the period for filing a complaint concerning the crime of adultery is just and is not erroneous in the misapprehension of legal principles as to the period for filing a complaint of this case, contrary to the allegations in the grounds of appeal.

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

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