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(영문) 울산지방법원 2014.09.19 2014고단447
간통
Text

All prosecutions against the Defendants are dismissed.

Reasons

Summary of Facts charged

1. Defendant A is a spouse who has completed a marriage report with D on July 2, 1999.

On October 2, 2013, around 18:30 on October 2, 2013, the Defendant had a sexual intercourse with B with B at the Defendant’s residence in Yangsan-si E.

2. Defendant B knew that he was a spouse of the above A, and had sexual intercourse with A at the time and place described in paragraph (1).

The grounds for dismissing the prosecution of this case are the crimes falling under Article 241 (1) of the Criminal Act, which can be prosecuted only upon the complaint of the spouse under Article 241 (2) of the Criminal Act.

However, according to the statement in the letter of withdrawal of complaint filed in the court records, it is recognized that the complainant who was the spouse of the defendant A was all revoked the complaint against the defendants on August 29, 2014 after the prosecution of this case was instituted. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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