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(영문) 의정부지방법원 2014.11.11 2014고단2698
간통
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. Summary of the facts charged

1. Defendant A is a person who has a spouse who completed a marriage report with C on April 24, 1989. A

On October 2010, the Defendant 15:00 around 15:0, went through a room in which it is impossible to know the protection room of the unsatisfel mutually, with B, one time of sexual intercourse.

B. The Defendant, from November 2010 to March 2013, went through the mutual incompetence and went between B and B 3-4 occasions a month.

C. From April 1, 2013 to January 1, 2014, the Defendant served between B and B of Songpa-gu Seoul Building No. 1301 and B once a week.

2. Defendant B knew that he was a spouse of the above A, and had sexual intercourses with A over several times at the time, time, and place of paragraph (1)(b)(c).

2. The facts charged in the instant case are crimes falling under Article 241(1) of the Criminal Act and can be discussed only upon the complaint of the spouse pursuant to Article 241(2) of the Criminal Act. According to the records of the instant case, Defendant A’s spouse C may recognize the fact that the complaint against the Defendants was entirely cancelled on November 7, 2014, which is after the prosecution of the instant case. Thus, all prosecutions against the Defendants are dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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