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(영문) 청주지방법원 2014.02.07 2013고단1524
간통
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. Summary of the facts charged

A. Defendant A is a spouse who has completed a marriage report with E on September 20, 203.

1) On April 5, 2013, at around 22:30, the Defendant: (a) transpied G-owned G-owned on the front road of the F apartment in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu; and (b) went through the intersection with B once with B in the vehicle. (c) On June 27, 2013, the Defendant, who was parked on the front road of the Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju-gu, Cheongju-si, was sent to the intersection with B and once in the I Mt-owned vehicle owned by the Defendant.

3) On July 12, 2013, around 20:50, the Defendant: (a) moved in a G-owned G-owned parking lot within the parking lot located in the Cheongju-si, Cheongju-si, with B and passed one-time sexual intercourses with B within the vehicle. (b) On July 22, 2013, the Defendant 1 went through a single sexual intercourses with B and one-time sexual intercourses within the 205 LMoel located in the Cheongju-gun, Chungcheongnam-gun, Chungcheongnam-gun.

B. Defendant B, while being aware that the above spouse A was a person who was a spouse, had a sexual intercourse with A and four times as above at the same time and place as the above.

2. Each of the facts charged in the instant case is an offense falling under Article 241(1) of the Criminal Act, and may be prosecuted only upon the complaint of the spouse pursuant to the main sentence of Article 241(2) of the Criminal Act.

However, since the complainant E cancelled the complaint against the Defendants on February 6, 2014, which was after the indictment of this case, the complaint of this case was dismissed in entirety pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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