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The judgment below
The part against the defendant shall be reversed.
The prosecution of this case against the defendant is dismissed.
Reasons
1. Since C, a summary of the grounds for appeal, withdraws a divorce lawsuit against the defendant after the judgment of the court below and the complaint of this case becomes retroactively null and void, the public prosecution of this case shall be dismissed.
2. Determination
A. The crime of adultery is a crime falling under Article 241(1) of the Criminal Act and can be prosecuted only upon a complaint filed by the spouse under Article 241(2) of the same Act. In the case of adultery, unless marriage is annulled or a divorce lawsuit is instituted under Article 229 of the Criminal Procedure Act, a complaint shall not be filed. If a divorce lawsuit is withdrawn, the lawsuit of simple communication shall be the same as a lawsuit for divorce has not been instituted from the beginning and shall lose its validity retroactively. On the other hand, even if a divorce lawsuit has been withdrawn after the first judgment of the court of first instance was rendered, the lawsuit of simple communication shall lose its validity retroactively
Supreme Court Decision 100.10
3. B. We examine the instant case. According to the records, C’s complaint was retroactively invalidated on April 29, 2014, and C’s complaint was filed against the Defendant on December 24, 2002 on the ground that the Defendant and B, who was the wife, were in violation of the provisions of the Act on the Procedure of Public Prosecution without filing a complaint in an offense subject to victim’s complaint, and on February 25, 2014, filed a divorce lawsuit against the Defendant on March 2, 2014 (Jincheon District Court Branch Branch Decision 2014D1525). Since C’s complaint was withdrawn on April 29, 2014, which was the date the lower judgment was declared, the lower court’s complaint was reversed, and the part of the judgment below’s complaint was reversed as follows. Accordingly, the Defendant’s appeal cannot be affirmed pursuant to Article 36(4) of the Criminal Procedure Act.