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(영문) 대전지방법원 홍성지원 2015.01.23 2014고단671
간통
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

Summary of Facts charged

1. Defendant A is a spouse who has completed a marriage report with E on March 10, 2005. A

At around 13:00 on May 29, 2014, the Defendant sent to the Fststren passenger car parked in a nearby Gonggri-ri, Haak-ri, Haak-ri, Haak-ri, the Defendant sent to B one-time sexual intercourse with B.

B. At around 12:00 on June 7, 2014, the Defendant sent to the Hel located in the Gunsan-si, Sigsan-si one-time sexual intercourse with B.

2. Defendant B, despite being aware that he was his spouse, had sexual intercourses with A twice at each time and place described in paragraph (1) above, as described in each of the above paragraph (1).

Judgment

However, each of the above facts charged is a crime falling under Article 241 (1) of the Criminal Act and can be prosecuted only upon a criminal complaint filed by the spouse under Article 241 (2) of the Criminal Act. According to the records of this case, it is recognized that E, the spouse of the defendant A, was fully canceled the criminal complaint filed against the defendants on January 19, 2015, which is after the prosecution of this case. Thus, all of the prosecutions of this case against the defendants are dismissed in accordance with Article 327 (5) of the Criminal Procedure Act. It is so decided as per Disposition.

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