All of the prosecutions of this case are dismissed.

Public Prosecutor's Office

1. Defendant A is a spouse who has completed a marriage report with E on May 11, 2007.

On December 6, 2012, at around 02:08, the Defendant used Gmotour 308 in Eunpyeong-gu Seoul Metropolitan Government F to communicate with B one time.

2. Defendant B, while being aware that the above spouse A had a spouse at the same time and at the same place, had sexual intercourse once with the above.

However, this 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. According to the records, E, the complainant, after the prosecution of this case, submitted a written agreement with the defendant B on November 8, 2013 that he/she shall not be held liable for civil and criminal liability, and submitted a written withdrawal of a complaint on December 13, 2013 that only the defendant B withdraws the complaint.

However, the withdrawal of a complaint by a complainant is not effective for the defendant A, who is a necessary accomplice in accordance with the principle of no complaint (Article 233 of the Criminal Procedure Act). Therefore, the revocation of a complaint is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.