207 Highest 4356 Telecommunications

00

December 7, 2007

The prosecution of this case is dismissed.

1. Summary of the facts charged in this case

The summary of the facts charged in the instant case is that the Defendant was a spouse who was married with 000 on October 21, 2005 and 00 on the marriage report. On May 2007, 2007, the Defendant was a sexual intercourse with OO in the Daegu-gu AAdong AAA-AB lending AAAAAAAAAAAAAAAA, which had been a sexual intercourse with OO.

2 Judgment

The crime of adultery is a so-called crime subject to victim's complaint, which can be prosecuted only when a complaint is filed. In the case of the crime of adultery, a complaint cannot be filed unless marriage is annulled or divorce lawsuit is instituted in accordance with Article 229 of the Criminal Procedure Act. In this case, a divorce lawsuit shall be instituted by the complainant (see Supreme Court Decision 82Do2074 delivered on December 14, 1982).

According to the statement of the health department, the chief of the complaint, and the certificate of fact that the divorce lawsuit is pending, the defendant at the time of the complaint of this case only filed a divorce lawsuit against the complainant, and the complainant can be recognized as having not filed a divorce lawsuit against the defendant until the prosecution of this case was instituted. Thus, it is recognized that the complaint of this case did not meet the valid requirements until the prosecution of this case was instituted.

3. Conclusion

Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act, since the procedure of public prosecution is invalid because it was filed without filing a complaint in an offense subject to victim's complaint.

Judges Lee Jae-jin