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(영문) 서울서부지방법원 2013.08.22 2013고단1690
간통
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

Defendant A is a person who has been married with C on November 31, 2008, and Defendant B is a person who was sentenced to imprisonment for six months at the Busan District Court on July 20, 201, with a prison labor for fraud, etc., and is currently under the grace period as of July 28, 201, and is currently under the grace period as of July 28, 201.

1. Defendant A

A. On December 1, 2012, between the first and second to 20:00, the Defendant, at the E’s room located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, as well as the first sexual intercourse with the E’s room.

B. Between March 10, 2013 and March 10, 2013 to December 29, 2013, the Defendant transited by comparing F building 205, and B once with the same.

C. On March 30, 2013, around 12:00, the Defendant sent to the said F Building 205, and sent to the said B one-time sexual intercourse.

2. Defendant B knowing that the above Defendant was a person with a spouse who has completed the marriage reporting with C,

A. From the first and second order of December 2012 to the second order of 20:00 on the date, the air space between the E’s e’s e’s e’s e’s e’s e’s e’s e’s e’s e’s e’s e’s e’

B. Between March 10, 2013 and March 29, 2013, the F building F. 205 in Ansan-si, Annsan-si, Annsan-si, and the said A had a sexual intercourse with the said A once.

C. Around 12:00 on March 30, 2013, around 12:00, the F building 205, and the foregoing F building A was sent to a single sexual intercourse with the said A.

However, the facts charged in the instant case are crimes falling under Article 241(1) of the Criminal Act and can be prosecuted only upon the complaint of the spouse under Article 241(2) of the same Act. According to the records, the complainant C, after the prosecution in the instant case was instituted, can be acknowledged as the withdrawal of the complaint against the Defendants on August 22, 2013. Thus, all of the prosecution in the instant case is dismissed in accordance with Article 327(5) of the Criminal Procedure Act.

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