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(영문) 춘천지방법원 속초지원 2014.10.22 2014고단278
간통
Text

All prosecutions against the Defendants are dismissed.

Reasons

Summary of Facts charged

1. Defendant B is a person who has been married with C on March 13, 1990.

At around 19:00 on November 9, 2009, the Defendant had sexual intercourse with A and A once from the “Eel” located in Gangwon-si, Gangwon-si, Gangwon-si, and had sexual intercourse with A over 11 times from around that time to June 26, 2013, as shown in the annexed List of Crimes.

Accordingly, the defendant was sent to A and 11 times.

2. Defendant A knew that he was a spouse of the above B, and even at the same time and place as that of paragraph (1), Defendant A had sexual intercourse with B 11 times as above, respectively.

Judgment

Each of the facts charged in the instant case is a crime falling under Article 241(1) of the Criminal Act, which can be prosecuted only when the spouse files a complaint under Article 241(2) of the Criminal Act.

However, according to the statement in the letter of withdrawal of complaint filed in the court records, it is recognized that C, the spouse of Defendant B, was entirely canceled on September 23, 2014, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.

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