The judgment below

The part against the defendant shall be reversed.

The defendant shall be innocent.

1. Summary of the facts charged and the past passage

A. The summary of the facts charged was known to the fact that the co-defendant A is a spouse of the co-defendant A in the lower judgment, and the Defendant was sexual intercourse with the above A on April 7, 2013 at the MaMour L 202 room located in the Chungcheongbuk L around April 7, 2013.

B. The lower court rendered a judgment dismissing prosecution pursuant to Article 327 subparag. 2 of the Criminal Procedure Act on the ground that the accusation made after K, the complainant, was null and void, and this part of the indictment constitutes a case where the indictment procedure is null and void in violation of the provisions of the law.

Therefore, the judgment of the court below before remanding the case is reversed and the case was remanded to the court below on the ground that it was unlawful for the prosecutor to render a judgment dismissing the public prosecution on the ground that it was erroneous, misunderstanding of facts and misunderstanding of legal principles, and that the judgment of the remanded case cannot be deemed that the complainant sent the adultery.

On the other hand, when the judgment of remand became final and conclusive due to the Defendant’s failure to appeal, the lower court, which received the case, determined that the complainant’s complaint and the prosecution of this case were lawful in accordance with the purport of the judgment of remanding the case, and further, found the Defendant guilty by applying the latter part of Article 241(1) of the Criminal Act to the facts charged of this case, and sentenced the Defendant to

On this issue, the defendant appealed.

2. Summary of grounds for appeal;

A. Since K, the complainant of misunderstanding of facts or misunderstanding of legal principles, has served as the co-defendant A and the defendant who is his spouse, the defendant cannot be accused pursuant to the proviso of Article 241(2) of the Criminal Act.

Therefore, since a complaint filed by a complainant after a withdrawal is null and void, a public prosecution against the defendant is invalid in violation of the provisions of the indictment procedure.

Therefore, against the defendant.