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(영문) 수원지방법원 성남지원 2014.09.25 2014고단1762
간통
Text

All prosecutions against the Defendants are dismissed.

Reasons

The summary of the facts charged in this case is as follows: (a) around May 5, 2014, Defendant A was the spouse who reported the marriage with Defendant D, and (b) around May 5, 2014, the first sexual intercourse with Defendant B and the first sexual intercourse with Defendant B in the mutual incompetence located in the retirement village of Gwangju City, and (c) around May 17, 2014, the first sexual intercourse with the said B and the first sexual intercourse with Defendant B in the mutual incompetence located in the retirement village of Gwangju City; and (d) Defendant B was even aware that Defendant A was the spouse of the said Defendant at each time and at each place above, the second sexual intercourse with Defendant A and two times, respectively.

Judgment

In conclusion, the above facts charged are crimes falling under Article 241 (1) of the Criminal Act, which can be prosecuted only when the spouse's complaint is filed pursuant to Article 241 (2) of the same Act. According to the records of this case, D, the spouse of the defendant A, revoked all the complaint against the defendant A on September 23, 2014, which was after the prosecution of this case, and the revocation of the complaint also takes effect against the defendant B, who is the accomplice (Article 233 of the Criminal Procedure Act). Thus, all the prosecutions against the defendants are dismissed in accordance with Article 327 (5)

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