Each of the instant public prosecution against the Defendants is dismissed.

1. The summary of the facts charged in the instant case is that Defendant A has a spouse who completed the marriage report with C on April 3, 1985. A.

Defendant

A On May 13, 2012, the Defendant sent to the second floor of the building D, Songpa-gu Seoul Metropolitan Government, with sexual intercourse B and once in the waiting room.

B. Defendant B knew that he was a spouse, the Defendant her was sexual intercourse with the same person at the same time, time, and place as the above, as in paragraph (a).

2. We examine the judgment. As to the facts charged in this case, the prosecution of this case is a crime falling under Article 241 (1) of the Criminal Act, which falls under Article 241 (2) of the Criminal Act and can be instituted only upon the complaint of the spouse under Article 241 (2) of the same Act. According to the records of this case, it can be acknowledged that Defendant A’s spouse C, who is the complainant, has canceled all the complaint against the Defendants on February 26, 2013, which is after the prosecution of this case was instituted. Thus, the case which shall be prosecuted only upon the complaint, constitutes cancellation of the complaint, and the prosecution of this case against