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(영문) 수원지방법원 평택지원 2014.09.18 2014고단1177
간통
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged

A. Defendant A is a spouse who has completed a marriage report with C on January 7, 1998.

(1) Around 03:00 on February 15, 2014, the Defendant, at the home of the Defendant (103 Dong 903, Dong 103, Dong 103, and his spouse, C, one time between B and B, with the house.

(2) On March 2, 2014, the Defendant was above the Defendant around 01:00.

In the same place as paragraph B, B and once sexual intercourses with each other.

B. Defendant B knew that the above spouse was a spouse, and even at the same time and place as set forth in paragraph (1), the above Defendant had sexual intercourses with A twice, respectively.

2. Each of the facts charged in the instant case is a crime falling under Article 241(1) of the Criminal Act, which can be prosecuted only when the spouse files a complaint pursuant to Article 241(2) of the Criminal Act.

However, according to the statement in the letter of withdrawal of complaint filed in the public trial records, it is recognized that C, the spouse of Defendant A, was entirely canceled on September 1, 2014, which was after the prosecution of this case. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.

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