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(영문) 대전지방법원 천안지원 2013.08.27 2012고단1394
간통
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. Summary of the facts charged

A. Defendant A is a person who has completed the marriage report with C on March 5, 2008, and around June 24, 2012, Defendant A was sent to Korea with B one time of sexual intercourse from 601 to 601, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-gu;

B. Defendant B knew that he is a spouse of A, he was sexual intercourse with A at the time and place mentioned in the preceding paragraph, and was sexual intercourse with A once.

2. The facts charged in the instant case are crimes falling under Article 241(1) of the Criminal Act, which can be prosecuted only upon a criminal complaint filed by the spouse under Article 241(2) of the Criminal Act. According to the records, the complainant C, on August 26, 2013, submitted a written withdrawal of the complaint to the court on August 26, 2013. Thus, the facts charged constitute a case where a public prosecution can be instituted only upon a criminal complaint.

3. Accordingly, according to the conclusion, all of the public prosecutions against the Defendants are dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act. It is so decided as per Disposition.

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