The prosecution of this case is dismissed.

1. The summary of the facts charged is a person who has been married with B on December 1997. A. The defendant is a person who has been married with B on December 197.

around April 20, 2011, the Defendant sent to the Delel in Gangwon-gun C, Gangwon-do, one time of sexual intercourse with E.

B. Around May 20, 201, the Defendant sent to the DMoel in Gangwon-gun C, Gangwon-do, one time of sexual intercourse with E.

C. Around June 20, 2011, the Defendant sent to the DMoel in Gangwon-gun C, Gangwon-do, one time of sexual intercourse with E. D.

On July 20, 2011, the Defendant sent to the Delel located in Kangwon-gun C, Gangwon-do, one time of sexual intercourse with E.

E. Around August 20, 2011, the Defendant sent to the DMoel in Gangwon-gun C, Gangwon-do, one time of sexual intercourse with E.

F. Around September 20, 201, the Defendant sent to the DMoel in Gangwon-gun C, Gangwon-do, one time of sexual intercourse with E.

G. Around October 201, 201, the Defendant sent to DMoel in Gangwon-gun C, Gangwon-do, one time of sexual intercourse with E.

2. Determination

A. The lawsuit of divorce, etc. filed by B against the Defendant was deemed to have been withdrawn due to the lack of two absences of both parties, and the subsequent application for designation of date by April 29, 2013, where one month has elapsed after the date of the lawsuit, by April 29, 2013.

B. The facts charged of this case are crimes falling under Article 241(1) of the Criminal Act and can be punished only when a spouse's complaint is filed in accordance with Article 241(2) of the Criminal Act. Article 229 of the Criminal Procedure Act provides that in the case of Article 241 of the Criminal Act, a complaint may not be filed unless the marriage is annulled or divorce lawsuit is instituted. In such cases, a complaint shall be deemed to have been revoked when a marriage is

However, when a divorce lawsuit under Article 229 (2) of the Criminal Procedure Act is withdrawn, it shall include not only the withdrawal by the intention of the claimant, but also the withdrawal of the request for divorce due to procedural defects such as the absence of both parties.