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(영문) 서울북부지방법원 2014.11.26 2014고단2149
간통
Text

Each public prosecution against the Defendants is dismissed.

Reasons

1. Facts charged;

1. Defendant B is a spouse who has completed a marriage report with E on January 5, 1987. A.

On October 15, 2013, the Defendant, at a room in Dongdaemun-gu Seoul, where it is impossible to find out the mutual influorites room in Dongdaemun-gu, Dongdaemun-gu, Seoul, had a sexual intercourse with A and a single sexual intercourse.

B. On November 12, 2013, the Defendant sent to a room where it is impossible to know the heading of the Gelel located in Dobong-gu Seoul Metropolitan Government F, with a sexual intercourse one time with A.

C. On December 18, 2013, the Defendant sent to a room in which it is impossible to know the family room of the said Gel with A and a single sexual intercourse. D.

On January 15, 2014, the Defendant had a sexual intercourse with A on one occasion with a room in which it is impossible to know the family room of the above Gel.

2. Defendant A knew that he was a spouse of the above B, and even at the time and place described in the A-B and paragraph (d) above, he had sexual intercourses with B over four times in total.

2. The facts charged against the Defendants are crimes falling under Article 241 (1) of the Criminal Act and can be prosecuted only when the spouse's complaint is filed under Article 241 (2) of the Criminal Act. According to the records of this case, it can be acknowledged that the spouse Eul, after the prosecution of this case, revoked the complaint against the Defendant Eul, and the revocation of the complaint against one of the accomplices is also effective against the other accomplices. Thus, the prosecution of this case against the Defendants is dismissed in accordance with Article 327 (5) of the Criminal Procedure Act.

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