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(영문) 청주지방법원 영동지원 2013.10.31 2013고단115
간통
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. The facts charged in this case

A. Defendant A, who was a spouse who completed a marriage report with D on August 23, 1991, was her spouse, and who was her spouse at around 14:00 on November 29, 2012, Defendant A sent her sexual intercourse with B in a room where the heading rooms of the second floor of the F Building E in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, would not be known.

B. Defendant B is aware of the fact that the above Defendant was a spouse of the above A.

At the date, time, and place specified in the paragraph above, A had sexual intercourse with A once.

2. The facts charged in the instant case are crimes falling under Article 241(1) of the Criminal Act and can be prosecuted only upon the complaint of the spouse under Article 241(2) of the Criminal Act. According to the records, it can be acknowledged that D, the spouse of the Defendant A, has cancelled the complaint against the Defendants on October 25, 2013, which was after the instant prosecution was instituted. Thus, all of the instant prosecutions are dismissed in accordance with Article 327(5) of the Criminal Procedure Act.

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