Since one crime of adultery is established for each act of sexual intercourse, it is necessary to file a complaint with the spouse for each act of adultery.

Since one crime of adultery is established for each act of sexual intercourse, it is necessary to file a complaint with the spouse for each act of adultery.

Article 241 of the Criminal Act, Article 327 subparag. 2 of the Criminal Procedure Act

Defendant

Prosecutor

Suwon support in the first instance court, Seoul Criminal District Court Decision 70No3496 delivered on December 17, 1970

The appeal is dismissed.

Judgment on the grounds of appeal by the Prosecutor;

The crime of adultery under Article 241 of the Criminal Code is required to be constituted by one of the crimes of adultery for each sexual intercourse.

In order to discuss a crime, a spouse's complaint should be filed against the relevant adultery. Thus, there is no spouse's complaint against a part of the crime among the crimes of adultery, and there is no other complaint against a part of the crime of adultery, and even if there is a complaint against a part of the other crimes, it can not be effective against the crime of adultery against which the complaint was not filed.

According to the above opinion, there is a complaint as to the fact that it was passed around 22:00 on February 25, 1970, but according to the records, there is no complaint as to the fact that it was passed between 22:00 of the facts charged and 21:00 of February 4, 1970 of the facts charged, and 2.20:0 of February 20 of the same year, there is no complaint as to the facts charged. Thus, the court below's decision to dismiss the prosecution pursuant to Article 241 (2) of the Criminal Act is just and contrary, and there is no argument to discuss the legitimate measures of the court below.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Supreme Court Judge Yang Byung-ho (Presiding Judge)