Effect of complaint and cancellation of complaint in the crime of adultery

Since one crime of adultery is established for each act of sexual intercourse, the withdrawal of a complaint or complaint by a spouse shall take effect only on the facts in question and the withdrawal of a complaint or complaint by a spouse shall take effect on the other acts of adultery, and the withdrawal of complaint or complaint shall not take effect on the other acts of adultery, even in the case where a complaint or complaint by a spouse has been revoked on some of the acts of adultery, and the withdrawal of complaint or complaint shall not take effect on the other acts of adultery.

Articles 229 and 232 of the Criminal Procedure Act

Supreme Court Decision 69Do1337 Decided October 14, 1969, Supreme Court Decision 71Do68 Decided February 23, 1971

Defendant 1 and one other

Prosecutor

Chuncheon District Court Decision 80No21 delivered on March 21, 1980

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

According to the reasoning of the judgment of the court below, since one crime of adultery is established for each act of adultery, the withdrawal of complaint or complaint by a spouse shall take effect only on the facts of adultery, and it shall not take effect on the other acts of adultery, and it shall not take effect on the other acts of adultery. According to the records, the complainant shall not take effect on the other acts of adultery, and it shall be presumed that the withdrawal of complaint or complaint shall not take effect on the other acts of adultery. According to the reasoning of the judgment of the court below, the complainant shall not take effect on the part of the defendant 1 and the first instance court, the spouse of the defendant 1 and the second instance court, and the second instance court, the defendant 2 and the first instance court, the second instance court and the first instance court, the second instance court's withdrawal of complaint, and the second instance court's withdrawal of complaint shall not take effect on the part of the defendant 1 and the second instance court's withdrawal of complaint, and it shall be justified in the judgment of the court of first instance, the first instance and the second instance court's rejection of the first instance judgment's judgment and the second instance's judgment's judgment's dismissal shall be justified.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges under Article 390 of the Criminal Procedure Act.

Justices Kim Tae-tae (Presiding Justice)