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(영문) 울산지방법원 2014.05.22 2014고단544
간통
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged

A. Defendant A is a person who completed a marriage report with E around April 1, 2001.

(1) Around June 3, 2013, the Defendant sent to the G “G” room located in Yangsan-si F, with a single sexual intercourse between B and B, where it is impossible to find out the “G” room.

(2) Around July 31, 2013, the Defendant sent to the G “H” room located in Yangsan-si F, with a single sexual intercourse from a room where it is impossible to find out the room.

(3) Around August 29, 2013, the Defendant sent to the B with a single sexual intercourse in a room where it is impossible to know the I’s room located in Yangsan-si F.

(4) On September 3, 2013, the Defendant: (a) parked in the K parking lot located in the JJ in Yangsan-si, Chungcheongnam-do; and (b) opened one-time intersection with B on the back of the passenger vehicle with the color-flurt-tur.

Accordingly, the defendant was sent to the above B over four times.

B. Defendant B knew of the fact that he is a spouse of A, the Defendant was sexual intercourse with A and four times at the same time and place as above, respectively.

2. 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 pursuant to Article 241(2) of the Criminal Act.

However, according to the statement in the letter of withdrawal of complaint filed in the public trial records, it is recognized that E, the spouse of Defendant A, was entirely cancelled on May 22, 2014, which was the date of 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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