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The indictment against the Defendants is dismissed.
Reasons
Summary of Facts charged
1. Defendant A is a person who is a spouse who has completed a marriage report with D on October 11, 1979. A
On November 201, 201, the Defendant had her sexual intercourse with B in the mutual incompetence located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City.
B. On November 201, 201, the Defendant sent sexual intercourse with the above B from Jung-gu, Jung-gu, Incheon, Jung-gu and 401.
C. On December 201, 201, the Defendant sent sexual intercourse with the above B and once at a mutually incompetence near Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul.
On December 2, 2011, the Defendant sent sexual intercourse with the above B in the mutual incompetence located in the new-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City.
E. On December 201, 201, the Defendant sent sexual intercourse with the above B at the mutual incompetence located in the Gwanak-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City).
F. On January 19, 2012, the Defendant sent sexual intercourses with the above B and once at the influence of the mutual influence of the fluence of the Maternal Land of Incheon reinforced Military.
Accordingly, the defendant was sent to the above B more than six times.
2. Defendant B knew that the above spouse was a spouse, and even at the same time and place as above, the above Defendant had sexual intercourses with A and six times respectively.
Each of the facts charged in this case is a crime falling under Article 241 of the Criminal Act and can be prosecuted only upon the complaint of the spouse under the main sentence of Article 241(2) of the Criminal Act.
However, according to the records, it can be recognized that D, the complainant, revoked the complaint against the Defendants on March 14, 2014, which was after the prosecution of this case. Thus, the prosecution of this case against the Defendants is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.