Each of the instant public prosecution against the Defendants is dismissed.

1. Facts charged;

1. Defendant A is a spouse who has completed a marriage report with D on December 23, 1983.

On March 19, 2013, at around 19:00-21:00, the Defendant sent to the B one-time sexual intercourse with the other incompetence where the west change was located in the Daegu Northern-gu, Daegu Northern-gu.

2. Defendant B, while being aware that he was a spouse, had sexual intercourse with A at the same time and place as the foregoing in the preceding paragraph.

2. The facts charged in the instant case are crimes falling under Article 241(1) of the Criminal Act and can be prosecuted only when the spouse files a complaint pursuant to Article 241(2) of the same Act. According to the records, D, the spouse of the Defendant A, has cancelled all the complaints against the Defendants on July 15, 2013, which was after the prosecution of the instant case. Thus, all the indictments against the Defendants are dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.