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(영문) 대전지방법원 홍성지원 2014.10.21 2014고단515
간통
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. Summary of the facts charged

1. Defendant A is a person who has been married with D on November 5, 2012.

At around 06:00 on July 15, 2014, the Defendant sent the Felher 301 room in Boan City E with B one-time sexual intercourse.

2. Defendant B knew that he was a spouse, the Defendant had sexual intercourse with A at the time and place described in the foregoing paragraph (1).

2. We examine the judgment. Each of the above facts charged is a crime falling under Article 241(1) of the Criminal Act, which can be prosecuted only upon a criminal complaint filed by the spouse pursuant to Article 241(2) of the Criminal Act. According to the records of this case, it is recognized that D, the spouse of the defendant A, has entirely revoked the criminal complaint against the defendants on October 21, 2014, after the prosecution of this case. Thus, all of the prosecution of this case against the defendants pursuant to Article 327 subparag. 5 of the Criminal Procedure Act are dismissed. It is so decided as per Disposition.

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