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All of the prosecutions of this case are dismissed.
Reasons
1. Details of the facts charged
A. Defendant A is a spouse who has completed a marriage report with D on October 10, 1991.
(1) On January 3, 2012, the Defendant was sent to a room in which it is impossible to find out the care rooms of the F Hotel E located in Chungcheongnam-gun, U.S. from January 3, 2012, the Defendant was sent to a room with sexual intercourse with B once.
(2) On May 2013, the Defendant, around the nearest of May 2013, had a sexual intercourse with the above B in the residential area of Dongjak-gu Seoul Metropolitan Government 108 Dong 303 Dong-dong 303 Dong-dong 108, 2013.
B. Defendant B was aware that the above spouse was a spouse, and the time and place described in the preceding paragraph were sexual intercourses with A twice as mentioned above, respectively.
2. The facts charged in the instant case are crimes falling under Article 241(1) of the Criminal Act, which 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 the instant case, it is recognized that D, the complainant, has fully revoked the criminal complaint against the Defendants after the prosecution of the instant case. Thus, all of the prosecution of the instant case is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.