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(영문) 대구지방법원 2014.05.16 2013고단6784
간통
Text

All of the prosecutions of this case are dismissed.

Reasons

Summary of Facts charged

1. Defendant A is a person who has been married with C on October 29, 2006.

around February 4, 2013, at the E office operated by the Party B located in Daegu-gu, Daegu-gu, as well as the one-time sexual intercourses with B, and as described in the separate crime sight table, the Defendant sent each of the above B and B over 27 occasions from that time to July 23:00 on July 27, 2013.

2. Defendant B knew that the above Defendant was a spouse of the above A, and had sexual intercourses with A and 27 times respectively at the above time and place, respectively.

2. The facts charged in the instant case are crimes falling under Article 241(1) of the Criminal Act, which can be prosecuted only when the spouse files a complaint under Article 241(2) of the Criminal Act.

However, according to the statement in the letter of withdrawal of complaint filed in the public trial records, it is recognized that C, the spouse of Defendant A, has withdrawn all of the complaints against the Defendants around May 15, 2014, which was the date of the prosecution of this case. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.

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