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All prosecutions against the Defendants are dismissed.
Reasons
Public Prosecutor's Office
1. Defendant A is a person who is a spouse who has completed a marriage report with D on December 30, 1982. A
around October 2009 to November 2009, the Defendant sent to a room in which the head office of “Fel” located in Eunpyeong-gu Seoul Metropolitan Government E is not known, with a single sexual intercourse with B.
B. Around June 2013, the Defendant sent a room of “Hel” located in Suwon-gu G, Suwon-gu, Suwon-gu, with sexual intercourses B and one time in a room where it is impossible to find out.
C. Around 01:00 on August 6, 2013, the Defendant sent to a room in which the head of the “Hel” was unknown, with B and once sexual intercourse. D.
Around 07:00 on August 6, 2013, the Defendant sent to a room where the head of the “Hel” could not be known and sent to the room B and once.
E. Around August 22, 2013, the Defendant sent a room of “Hel” to a room where it is impossible to find out the room of “Hel”. On the other hand, the Defendant sent the room to the room with B once.
F. Around 07:00 on August 9, 2013, the Defendant sent a room for “Hel” to a room where it is impossible to know, with B and once.
2. Defendant B knew of the fact that he was a spouse of the above A, the Defendant had sexual intercourse with A and six times as described in the above paragraph (1).
The facts charged against the Defendants are crimes falling under Article 241 (1) of the Criminal Code, which can be discussed only when the spouse's complaint is filed under Article 241 (2) of the Criminal Code.
However, on August 20, 2014, after the prosecution of this case, D, the spouse of Defendant A, revoked the complaint against Defendant B on August 20, 2014, and the revocation of complaint against one of the co-offenders in an offense subject to victim's complaint also becomes effective against other co-offenders (Article 233 of the Criminal Procedure Act). As such, D's revocation of complaint also becomes effective against Defendant A (Article 233 of the Criminal Procedure Act). In accordance with Article 327 subparagraph