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(영문) 대구지방법원 포항지원 2013.04.18 2013고단26
간통
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Defendant A of the facts charged completed the marriage report with C on April 27, 1996. A.

Defendant

A At around 22:50 on October 26, 2012, the Defendant sent to the north-gu Damoto 301 from the north-gu Mamoto one time to the other.

B. Defendant B was aware that he was a woman at the same time and place as the above Paragraph (1) above, and even at the same time and place, he had sexual intercourse with A once as described in Paragraph (1) above.

2. The facts charged in the instant case are crimes falling under Article 241(1) of the Criminal Act, which can be prosecuted only upon a criminal complaint filed by the spouse pursuant to Article 241(2) of the Criminal Act. According to the records, the complainant C may acknowledge the fact that the criminal complaint filed against the Defendant A was revoked on April 18, 2013, which is after the prosecution of the instant case. The revocation of the criminal complaint against one of the accomplices becomes effective against the other accomplices (Article 233 of the Criminal Procedure Act). Since the facts charged in the instant case constitutes revocation of the criminal complaint with respect to a case which can be prosecuted only upon the filing of the criminal complaint, all of the prosecution of the instant case against the Defendants are dismissed.

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