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(영문) 인천지방법원 2013.05.16 2012고단11602
간통
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. Facts charged;

A. Defendant A is a spouse who has completed a marriage report with E on February 25, 1981.

On July 1, 2012, from around 20:00 to around 23:00 of the same day, the Defendant sent to B with B one-time sexual intercourse at the house located in the Namdong-gu Incheon Metropolitan City F.

B. Defendant B was aware that the above spouse was a person who was a spouse, and was sexual intercourse with A at the same time, place, and once with A.

2. Each of the above facts charged is a crime falling under Article 241(1) of the Criminal Act and can be prosecuted only upon a criminal complaint filed by his/her spouse under Article 241(2) of the Criminal Act. According to the records, it can be acknowledged that E, the spouse of the defendant A, has withdrawn all of the charges of this case through his/her agent on May 3, 2013, after the prosecution of this case. Thus, all of the indictments against the defendants are dismissed in accordance with Article 327(5) of the Criminal Procedure Act. It is so decided as per Disposition.

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