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(영문) 울산지방법원 2014.03.21 2013고단3229
간통
Text

The indictment against the Defendants is dismissed.

Reasons

The summary of the facts charged is that the defendant A is a spouse who has completed the marriage report with E on March 4, 2009.

Defendant

A, around 09:00 on December 1, 2012, around 09:0, the F apartment of Ulsan-gun, Ulsan-gun, 107 Dong 808 and the single sexual intercourses with B, as well as from March 1, 2013, up to 04:00, B and 11 sexual intercourses with B.

Defendant

B knew that the above A is a person who is a spouse, B had sexual intercourse with A and 11 times as above.

The reason for dismissing the public prosecution is a crime falling under Article 241 (1) of the Criminal Act, which can be prosecuted only upon the complaint of the spouse under the main sentence of Article 241 (2) of the Criminal Act. According to the letter of withdrawal of the complaint prepared by E, E can be acknowledged as the fact of revoking the complaint against the Defendants on or around March 20, 2014, which is after the institution of the public prosecution of this case. Thus, the public prosecution of this case against the Defendants is dismissed in accordance with Article 327 (5)

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