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(영문) 광주지방법원 해남지원 2014.12.10 2014고단281
간통
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. The summary of the facts charged in the instant case is the person who has been a spouse who completed the marriage report with the E on April 21, 1995, and the E reported divorce with the Defendant A on December 8, 201.

1. Defendant A

A. On July 25, 2011, Defendant A passed a single sexual intercourse with B and one time at the Buddhist land.

B. On July 201, the Defendant passed a single sexual intercourse with B, from the lower court’s lower court, on July 201.

C. On July 201, the Defendant passed a single sexual intercourse with B, from the lower court’s lower court, on July 201.

2. Defendant B, as described in paragraph (1), was aware that he/she was a spouse of A at the time and place described in paragraph (1), he/she had sexual intercourse three times with each other.

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

However, according to the records on the withdrawal of a complaint filed in the records, E, the spouse of Defendant A, can be recognized as the fact that all the Defendants’ complaint was revoked on November 25, 2014, which was after the prosecution of this case. Thus, all prosecutions against the Defendants are dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.

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