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Each of the instant public prosecutions is dismissed.
Reasons
1. Summary of the facts charged
A. Defendant A is a spouse who has completed the marriage report with D on September 16, 1993.
Defendant
A, on December 24, 2012, around 16:00 and around 16:00 on December 28, 2012, the two-time sexual intercourses with B, respectively, from the mutual incompetence located in Silsan-si.
B. Defendant B knew that he was a spouse of the above A, the time and place set forth in paragraph (1) was the same as that of the above, and the two times sexual intercourses with E respectively.
2. The facts charged of this case are crimes falling under Article 241 (1) of the Criminal Act, which can be prosecuted only upon the complaint of the spouse under Article 241 (2) of the Criminal Act. According to the records, the complainant revoked the complaint against the defendant A after the prosecution of this case, and the revocation of the complaint against the defendant Eul, who is an accomplice pursuant to Article 233 of the Criminal Procedure Act (Article 233 of the Criminal Procedure Act), shall have the effect of revocation of the complaint. Thus, the prosecution of this case against the defendant shall be dismissed in accordance with Article 327 (5)