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(영문) 서울남부지방법원 2018.08.08 2018재고단11

간통

Text

Of the facts charged of this case, the end of February 2009, the end of March 2009, the end of July 21, 2009, and the end of July 21, 2009, the end of October 2010.

Reasons

1. The Defendant was aware that he was a person who was married with D on May 2, 1985, and was a spouse, and was 1:00 on July 2, 2008, the Defendant 1:00 on July 2, 200, the trade name and heading in the vicinity of the bathing beach of Gangseo-si, Gangseo-si, and 1:00 on July 2, 200; around August 2008, the Defendant 1:1:1:1:1:20 on July 2, 200, 200 between A and A and B,1:20 on July 4, 200, 200 between A and B,1:20 on July 1, 200, 200 between A and B,1:1:20 on July 2, 200, 200 between A and B,1:1:2,20 on home, and2.1:20 on July 1, 2009.

2. On February 26, 2015, the Constitutional Court rendered a decision that Article 241 of the former Criminal Act (amended by Act No. 13719, Jan. 6, 2016; hereinafter the same shall apply), which is a legal provision applicable to the facts charged in the instant case, violates the Constitution (Supreme Court Decision 2009HunBa17, Feb. 26, 2015, etc.) (The Constitutional Court Decision 241, supra, decided that Article 47(3) of the Constitutional Court Act was retroactively invalidated on Oct. 31, 208, following the date on which the previous final constitutional decision (Supreme Court Decision 2007HunGa17, Oct. 30, 2008, etc.) was made pursuant to the proviso of Article 47(3) of the Constitutional Court Act.

Thus, among the facts charged in the instant case, since the end of February 2009, the end of March 2009, the end of July 21, 2009, the end of July 2009, and the end of July 21, 2009, the end of October 201, the end of October 201, and the end of December 201, the end of December 201, the end of December 201, and the end of December 4, 201, respectively, do not constitute a crime. Accordingly, the point of each of the two pages around November 4, 201, constitutes a case where all does not constitute a crime, pursuant to the former part of Article 325 of the Criminal Procedure Act.