간통
The defendant shall be innocent.
1. The facts charged A is a person who has completed a marriage report with C on November 27, 2006, and the defendant, around 02:00 on September 5, 2010, knew that he/she is a spouse of A in a room No. 207 Dong-dong, Yeongdeungpo-gu, Seoul Metropolitan Government, with knowledge that he/she is a spouse of A, a sexual intercourse with A once.
2. On April 15, 2011, the Prosecutor brought a public prosecution against the above facts charged against the Defendant by applying Article 241(1) of the Criminal Act, and the judgment subject to a retrial, which found the Defendant guilty, became final and conclusive.
On February 26, 2015, the Constitutional Court declared that Article 241 of the Criminal Act (amended by Act No. 293 on September 18, 1953) is unconstitutional.
[The Constitutional Court Decision 209Hun-Ba17,205, 2010Hun-Ba194, 2011Hun-Ba4, 2012Hun-Ba4, 2012Hun-Ba5, 255, 411, 2013Hun-Ba139, 161, 267, 276, 342, 365, 2014Hun-Ba53, 464, 201Hun-Ba31, 2011Hun-Ba31, 2014Hun-Ga4, 2014Hun-Ga4, which was decided as unconstitutional on February 26, 2015 [Article 47(3) of the Constitutional Court Act] Where a previous case is decided as unconstitutional, the Constitutional Court rendered a decision that the above provision does not violate the Constitution on October 30, 2008 (Article 207Hun-Ba17).
Where the provisions of the penal law are retroactively invalidated due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provisions of the law shall be deemed to be a crime.
(See Supreme Court Decision 2005Do8317 Decided June 28, 2007, etc.). 3. Then, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of not guilty is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.