All of the public prosecutions against the Defendants are dismissed.

1. Summary of the facts charged in this case

A. Defendant A is a person who completed a marriage report with C on September 10, 2007.

(1) On December 2012, 2012, the Defendant sent the trade name in the Eunpyeong-gu Seoul Metropolitan Government Large Mandong to B with a single sexual intercourse at the Manel where it is difficult to know the trade name in the Eunpyeong-gu.

(2) Around March 11, 2013, the Defendant sent the trade name in Eunpyeong-gu Seoul Metropolitan Government Open-dong with B one-time sexual intercourse with B, where it is difficult to know the trade name in Eunpyeong-gu.

(3) Around March 13, 2013, the Defendant provided sexual intercourse with B and once at the Moel where it is difficult to know the trade name in Eunpyeong-gu Seoul, Seoul.

(4) On March 15, 2013, the Defendant sent sexual intercourse with B and once at a place where the location is unknown.

(5) On March 17, 2013, the Defendant sent sexual intercourse with B and once at a place where the location is unknown.

B. Defendant B knew of the fact that he is a spouse A, the Defendant was sexual intercourse with A and 5 times respectively at the same time and place as above.

2. Determination

A. The crime of adultery under Article 241 (1) of the Criminal Act is a case where a complaint by a spouse is filed under Article 241 (2) of the same Act and Article 229 (1) of the Criminal Procedure Act. A complaint against adultery cannot be filed unless the marriage is annulled or a divorce lawsuit is brought. The above complaint is a valid condition, and even if a suit for divorce is filed at the time of the complaint, if the complaint is dismissed at the time of the complaint, the complaint becomes retroactively null and void since it does not bring a lawsuit for divorce from the beginning (see, e.g., Supreme Court Decision 95Do477, May 23, 1997). Even if a divorce lawsuit was filed again for the same reason after the above dismissal, it cannot be corrected as a lack of the requirements for indictment for the crime of adultery.

(See Supreme Court Decision 81Do2391 delivered on December 8, 1981)

B. According to the records, the Seoul Family Court Decision 2013Ddan23115, which filed against the above Defendant at the time of the instant accusation by Defendant A, shall be deemed to have been filed on the grounds of divorce.