The effect of a complaint in relation to a crime of adultery shall be limited.

The crime of adultery stipulated in Article 241 of the Criminal Act is established for each act of adultery. Each act of adultery can be discussed only upon the complaint of the spouse for each act of adultery. Since the complainant is an expression of intent to report the criminal facts to the investigation agency and to punish the offender, and the criminal facts subject to the complaint should be specified. Thus, in the absence of the complaint of the spouse for some acts of adultery among several acts of adultery which have been prosecuted, the complaint by the spouse is filed only for some acts of adultery which have not been filed, and in the absence of the complaint by the spouse for some other acts of adultery, it cannot be effective

Article 241 of the Criminal Act, Article 229(1) of the Criminal Procedure Act

Supreme Court Decision 85Do1171 delivered on August 20, 1985, Supreme Court Decision 84Do2971 Delivered on November 12, 1985

Defendant 1 and one other

Prosecutor

Incheon District Court Decision 87No424 delivered on February 4, 1988

The appeal is dismissed.

1. Prosecutor's ground of appeal No. 1

The selection of evidence and the recognition of facts are within the exclusive authority of the fact-finding court unless they are contrary to the logical and empirical rules, and the relevant evidence is recorded and compared to the records and reviewed, and the court below's decision which acquitted the Defendants on the charged of this case on the ground that there is no proof of facts constituting a crime, and there is no reason to hold that there is an error of law in finding the facts against the rules of evidence in violation of the rules of evidence.

2. Determination on the ground of appeal No. 2

The crime of adultery under Article 241 of the Criminal Act is established as one of the crimes of adultery. Each of the crimes of adultery is subject to complaint by the spouse. Thus, each of the crimes of adultery is subject to complaint by the complainant. Since the complainant's expression of intent to report the criminal facts to the investigation agency and the criminal facts subject to complaint should be specified as an expression of intent to punish the offender. As such, there is only a spouse's complaint against some of the crimes of adultery among several crimes of adultery, and there is no spouse's complaint against some other crimes of adultery, it cannot be effective until the crime of adultery without complaint (see Supreme Court Decision 85Do1171, Aug. 20, 1985; 84Do2971, Nov. 12, 1985).

In the same purport, the judgment of the court below which sentenced the dismissal of a public prosecution on the grounds that there is no criminal complaint filed by the spouse on November 16, 1986 and January 14, 1987 among the facts charged in the instant case, it cannot be deemed that there is an error of law by misunderstanding the legal principles as to the validity of a criminal complaint in an offense subject to victim's complaint or changes in indictment. Thus

3. Therefore, the prosecutor's appeal shall be dismissed, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jae-sung (Presiding Justice)