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(영문) 대구지방법원 2013.04.11 2012고단8662
간통
Text

All prosecutions against the Defendants are dismissed.

Reasons

On April 20, 1994, Defendant A and his spouse who completed a marriage report with E on September 8, 2012 and September 15, 2012, the summary of the facts charged are as follows: (a) Defendant B and each other are linked to Defendant B once on September 8, 2012; and (b) Defendant B, despite being aware that Defendant A is a spouse, was her spouse, made up two occasions with Defendant A and two times on the same date.

The grounds for dismissing the prosecution are the crimes falling under Article 241 (1) of the Criminal Code, which are those falling under Article 241 (2) of the Criminal Code and can be prosecuted only when the spouse's complaint has been filed pursuant to paragraph (2) of the same Article. According to the records of this case, the defendant's spouse Eul can be recognized as having cancelled the complaint against the defendant Eul on April 10, 2013, which is after the prosecution of this case. Since the cancellation of the complaint against the defendant Eul is also effective against the defendant Eul who is another accomplice, the defendant Eul is dismissed in all of the prosecution against the defendants

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