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(영문) 수원지방법원 안산지원 2013.03.26 2012고단2556
간통
Text

Defendant

B shall be punished by a fine of KRW 2,000,000.

Defendant

B If the above fine is not paid, 50,000 won.

Reasons

Punishment of the crime

Defendant

B entered on September 10, 2012, 23:45, 13:30, 301 victims E, and invaded upon the victim’s residence.

Summary of Evidence

1. Defendant B’s statement in the first trial record;

1. Each police interrogation protocol against the Defendants

1. Application of each police protocol of statement to E;

1. Relevant Article 319 (1) of the Criminal Act concerning facts constituting an offense and Article 319 (1) of the Criminal Act selecting a penalty;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Summary of the facts charged

A. Defendant A is a spouse who has completed a marriage report with E on March 28, 2007.

1) On August 18, 2012, Defendant A had a single sexual intercourse with B and one time in a singing room where it is impossible to know the name “F of the member-gu, Ansan-si.” 2) Defendant A sent a single sexual intercourse between B and B on September 10, 2012 at the Defendant’s home, No. 13 and 301, Ansan-si, Ansan-si, 13, and 301, respectively.

B. Defendant B is above Defendant B.

At the same time and place as the paragraph, A was aware that he/she is a spouse, and he/she had sexual intercourses with A twice respectively.

2. The above facts charged are crimes falling under Article 241(1) of the Criminal Act, which can be prosecuted only when the spouse's complaint is filed under Article 241(2) of the Criminal Act. According to the written withdrawal of complaint prepared by E, the spouse of the defendant A, which is the defendant's spouse, which is bound in the records of public trial, the complainant may recognize the fact that he/she revoked the complaint against the defendant B on February 18, 2013, which is the date of the prosecution of this case. Since revocation of complaint against one of the accomplices is effective against the other accomplices, the above facts charged constitute revocation of complaint against the case which can be prosecuted only when the complaint is filed, and thus, the prosecution against the above facts charged is dismissed pursuant to Article 327 subparagraph 5 of

order for any reason above.

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