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(영문) 서울남부지방법원 2015.02.06 2014고단3780
간통
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. The summary of the facts charged was a spouse who was reported to be married with D on October 24, 1999, and was sexual intercourse between B and B in Yangcheon-gu Seoul, Yangcheon-gu, Seoul around January 2014. Defendant B, knowing that he is a spouse of A, was sexual intercourse with A at the same time and at the same place as above.

2. The facts charged of this case are crimes falling under Article 241(1) of the Criminal Act, which can be prosecuted only when a complaint is filed pursuant to the main sentence of Article 241(2) of the Criminal Act. According to the records, the facts that the victim withdraws the complaint against the Defendants after the indictment of this case can be acknowledged. Thus, the prosecution of this case against the Defendants is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure

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