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(영문) 수원지방법원 2014.07.02 2014고단1897
간통
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged

A. Defendant A is a person who has completed a marriage report with C on October 23, 2009. (1) At the home of Hanam-si, Hanam-si, 506, B and B, one-time sexual intercourse, and (2) at the same place on January 25, 2014, Defendant A and one-time sexual intercourses with B and (3) at the same place on February 15, 2014.

B. Defendant B knew that he is a spouse of A, and even at the same time and place as in paragraph (1), Defendant B had sexual intercourse with A three times as above, respectively.

2. The facts charged in the instant case are crimes falling under Article 241(1) of the Criminal Act, which can be prosecuted only upon a criminal complaint filed by the spouse under Article 241(2) of the Criminal Act. According to the records of the instant case, C, the complainant, was recognized to fully revoke the criminal complaint against the Defendants after the prosecution of the instant case. Thus, all of the prosecution of the instant case is dismissed in accordance with Article 327 subparag.

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